Criminal restraint, as written in the New Jersey criminal code, is charged when a person uses force to prohibit another person from departing a precise location or a possibly dangerous situation with risk of bodily injury. Criminal restraint charges can also be filed in cases of domestic violence. Preventing a spouse or partner from
Restraining Orders
Repercussions of Using or Possessing a Gun in Domestic Violence Context in NJ
In New Jersey, domestic violence is a term that describes a pattern of physical, emotional, verbal, or sexual abuse committed against a spouse, ex-spouse, partner, date, or parent of the victim’s child, family, or household member. In many domestic violence cases, a victim reports the alleged abuser’s use or possession of a firearm. In some cases, the…
Contempt of Court is a Crime in New Jersey: Know What it Means if You get Charged
If a judge ordered you to pay alimony and you fail to pay it, you may be in contempt of court. More often, a spousal support order goes unpaid because someone has difficulty maintaining employment or becomes ill. But sometimes, the bitterness between divorcing spouses is destructive. As a result, the spouse ordered to pay…
Defenses for Permanent Restraining Orders in New Jersey
Relationships can turn sour quickly or slowly over time. Financial hardship, children, and differing philosophies regarding money and childrearing can tear down many short and long-term marriages. Substance abuse can also wear a relationship down. Spouses feel trapped, degraded, unwanted, and alone, often reacting in desperate ways to stay or leave the relationship, especially when…
Everything to Know about Violations of Restraining Orders in New Jersey
You had a terrible fight that turned physical and your wife got a restraining order against you. But things were settling down and she agreed to let you come over and get some of your belongings at the house. Before long, the two of you were arguing, and she called the police. Now, you have…
Need to Remove a Final Restraining Order in New Jersey?
File Motion to Vacate Permanent Restraining Order NJ
Do you need to remove an old final restraining order (FRO) from your record in New Jersey? We can help. Here is a case we handled for a client in Sussex County in early 2019 who hired us to do just that and we delivered with great…
Client Hires Tormey Law Firm, Beats Final Restraining Order in Morristown NJ
Morris County Final Restraining Order Attorneys
The Morris County restraining order defense lawyers at the Tormey Law Firm have successfully represented yet another client. This time, the client was facing a final restraining order (FRO) in Morristown, New Jersey.
NJ restraining order cases are heard in the New Jersey Superior Court, Family Part in the…
NJ Supreme Court Rules on Weapons Possession in Domestic Violence Cases
The NJ Supreme Court recently issued a major ruling in a weapons possession case, marking the first time in 26 years that the state’s highest court has ruled on a firearms issue. The court, in a unanimous opinion, held that New Jersey’s domestic violence prevention law does not violate a citizen’s right to bear…
NJ Supreme Court Committee Releases Report, Recommendations for Domestic Violence Cases
The NJ Supreme Court Committee on Domestic Violence recently released its final report and made recommendations relating to domestic violence matters. The recommendations affect things like resources, education, training, and the interactions between NJ Local Municipal Courts (which handle disorderly persons or misdemeanor-level cases) and NJ County Superior Courts (which handle indictable, felony-level cases…
Can I file a restraining order against my neighbor? Probably not.
Many potential clients contact the Tormey Law Firm inquiring about their ability to file a restraining order against their neighbor. Unfortunately, that is not usually an option. To have standing to file a restraining order in New Jersey, you must be a victim of domestic violence under the Prevention of Domestic Violence Act. Basically,…