Domestic Violence/Restraining Orders

New Jersey Divorce and Family Law Attorneys

Restraining orders in New Jersey are a very serious matter. While restraining orders in many states last for a limited duration, a New Jersey restraining order remains in effect for life unless modified. Accordingly, it is essential for anyone who is seeking a restraining order, seeking to modify a restraining order or opposing the issuance of a restraining order to retain qualified legal counsel.

At Hanlon Dunn Robertson Schwartz, we offer experienced legal representation to clients in family law and criminal law matters. Therefore, we are uniquely adept at handling civil and criminal matters relating to domestic violence and restraining orders in New Jersey. Our legal team includes a certified* criminal trial attorney and certified matrimonial attorney.

New Jersey Restraining Orders

In New Jersey, temporary restraining orders (TRO) are obtained through an immediate ex parte hearing (a hearing where the individual being served with a restraining order is not present). A person may request a temporary restraining order at a courthouse or a police station.

Temporary restraining orders are served on the defendant. The temporary restraining order is served on the defendant within 24 hours of being signed and is enforceable for up to 10 days — until the final restraining order hearing.

Protection for Victims of Domestic Violence

A restraining order can provide tremendous relief to a victim of domestic abuse. In addition to restraining the defendant from physical contact, phone contact and any other form of contact, a restraining order may award the plaintiff temporary possession of the house, temporary custody of the children, child support, monetary damages and attorney's fees.

Serious Consequences for People Subject to a Restraining Order

Conversely, a restraining order can create significant challenges for the defendant. Once a restraining order is in effect, it is a crime to violate the terms of the order. Even innocent contact could potentially expose the restrained party to serious criminal penalties.

The issuance of a restraining order is taken into account in divorce and child custody proceedings and can have an adverse impact on an individual's parental rights. Furthermore, the issuance of a restraining order can affect an individual's career and civil rights. People who are subject to a permanent restraining order may be legally prohibited from owning or possessing a firearm. A person who is subject to a permanent restraining order may miss out on vital employment opportunities if background checks reveal the existence of a restraining order.

Contact Us

We are committed to providing the sound advice and vigorous representation you need. To speak with one of our Morristown lawyers, call 800-481-9840/ 973-267-8895 or contact us by e-mail.

*Certified by the Supreme Court of New Jersey