Bergen County Restraining Orders Lawyer

Anyone can become a victim of domestic violence or abuse. In these scenarios, seeking a legal restraining order may be the only way to keep yourself and your loved ones safe. Cases involving domestic violence and possible restraining orders demand swift legal intervention. Many folks may not understand how restraining orders work, and having a Bergen County restraining orders lawyer on your side to explain your rights and options can prove beneficial.

At The Montanari Law Group, our attorneys are ready to serve you if you find yourself facing any kind of legal issues regarding a restraining order in Bergen County. We have extensive experience assisting parties on both sides of a restraining order throughout the county, including cities like Hackensack, Teaneck, Fort Lee, Fair Lawn, Garfield, Englewood, Bergenfield, Westwood, Ridgewood, Paramus, Mahwah, and Cliffside.

For many individuals, dealing with a restraining order may be their first time inside the Bergen County Justice Center on Main Street in Hackensack. During these times, it is crucial to have an attorney present who understands the local legal landscape and is familiar with the judges operating inside the Bergen County court system.

Seeking a Restraining Order in Bergen County, New Jersey

The state of New Jersey saw a total of 70,828 cases of reported domestic violence in 2023. From Hackensack’s bustling Summit Avenue to Paramus’ Garden State Plaza, these incidents occur every day. If you find yourself a victim of domestic violence or abuse, our legal team can help you seek the correct kind of restraining order to fit the needs of your predicament.

In Bergen County, a restraining order, otherwise known as a protective order, is a legal court order that restrains or restricts the defendant, or the individual who the order is taken out against, from having any kind of interaction or contact with the person who filed for the order, also known as the plaintiff.

There are two main kinds of restraining orders you may be able to seek in Bergen County, depending on the nature of your circumstances.

Temporary Restraining Order

A temporary restraining order, also called a TRO, typically arises out of a single event of domestic violence or due to a pattern of behavior. The victim will need to file for this order at their local police department or when police are called to the scene of a domestic abuse situation.

A judge in Bergen County can issue this restraining order if they find the existence of the following elements:

• An act of domestic violence or abuse has taken place. This means that some kind of action that counts as domestic violence has taken place. This might include simple assault, harassment, stalking, sexual assault, kidnapping, or criminal restraint of another human being.
• There is legal standing under the Prevention of Domestic Violence Act. This means that the two parties involved in the restraining order case—the defendant and the plaintiff—meet the relationship requirements for domestic violence in the state of New Jersey. This can include individuals who are married, dating, share a child together, were dating or married, or are living together now or were in the past.
• Further domestic violence can only be prevented through a TRO. This means that the implementation of a restraining order will help ensure that the defendant does not have any kind of contact with the supposed victim until a hearing can be scheduled for a final restraining order.

Final Restraining Order

While a temporary restraining order is simply that—temporary—a judge may be able to implement a final restraining order in your case. They may decide to take such an action through a civil court proceeding. At the hearing, both parties will be able to testify, evidence may be presented by both sides, and witnesses can be called to testify. The judge can call for a final restraining order if they discover the following:

• There is a prior history of domestic violence between the parties. In order for a final restraining order to be issued, the judge must first uncover whether this incident is the first incident that has taken place between the involved parties. In some cases, a first incident of domestic violence may result in criminal charges but not in a final restraining order.
• An act of domestic violence has taken place. The judge must be able to discover if there is sufficient evidence to prove that an act of domestic violence has actually taken place. Evidence can include harassing emails, phone calls, or text messages. It can also include medical evidence that shows the injuries of the victim or witness testimony.
• The alleged victim is in reasonable fear for their safety, and a restraining order is necessary. The judge must finally agree that the victim could be put at risk for further harm should there not be an enforced restraining order legally set in place.

How an Attorney From The Montanari Law Group Can Help

Whether you are fighting a restraining order in Bergen County or seeking to establish one to protect yourself and your loved ones, the team at The Montanari Law Group can help. If you are the victim of domestic violence, our attorneys can help ensure that all paperwork pertaining to the restraining order is completed correctly and filed through the necessary channels. We can also defend you in any court hearing and present evidence to support you.

If you are facing a restraining order in Bergen County, we can listen to your side of the story, review the evidence, and ultimately build a defense strategy that can stand up to any false accusations brought against you. Allow us to protect your rights and interests and keep your future secure.

Speak With a Trusted Bergen County Restraining Order Lawyer Today

To learn more about Bergen County restraining orders and speak with one of the skilled attorneys at The Montanari Law Group, contact our firm today. We are here to serve you and review all legal options from the comfort and confidentiality of our Little Falls, New Jersey office.