Blogs from May, 2021


Restraining orders aim to give those who feel threatened an added layer of protection. Someone might request one if they’re being stalked, they’re facing a contentious divorce, or they have reason to believe their child’s safety is in jeopardy.

Of course, just because someone wants extra protection doesn’t mean they’re actually in danger. At the end of the day, not all restraining orders are filed fairly. As such, the courts need to scrutinize every request they receive.

Because it can take some time to determine whether legal protection is warranted, New Jersey courts have the authority to grant temporary restraining orders (TROs). These orders last for about 10 days and give the alleged victim the protection they think they need while the court delves into the reason for the request.

Read on to learn more about TROs and the ways in which they can be obtained:

1. Requesting One in Person

Those wishing to request a restraining order may do so in person by going to court during regular business hours (typically Monday through Friday, between 8:30 a.m. and 3:30 p.m.). The alleged abuser does not need to show up in court or even be notified of the request for a judge to issue the order.

If the judge grants the TRO based solely on the information that the alleged victim provides, it’s called an “ex parte” restraining order. Seeking a TRO in person is generally the easiest way to secure one.

2. Submitting a Written Complaint

If the alleged victim cannot appear in court, they may request a TRO by submitting a petition containing sworn testimony. The court also recognizes requests submitted by representatives of those who have been deemed incapacitated.

Requests submitted in writing are scrutinized a bit more closely. The judge needs to see that the situation is sufficiently urgent to justify the alleged victim’s failure to appear in person and make the request.

3. Calling the Local Police Department

When individuals feel as though they need protection immediately and the courts are closed, they can call their local police department. Officers can then contact the “on call” municipal court judge on their behalf.

If the judge thinks issuing a TRO is reasonable under the circumstances, they will do so before scheduling the hearing for the permanent restraining order. If, on the other hand, the judge does not think a TRO is warranted, they will deny the request. The alleged victim will then have to refile their petition in the court when it reopens.

Speak with a Morristown Restraining Order Lawyer

If someone files a TRO against you, it’s important to act fact because a permanent restraining order could be right around the corner. Contact The Law Offices of Joseph S. Scura to determine how best to proceed in such a scenario.

Because we pride ourselves on being accessible to clients, we’re available 24/7. We know disaster can strike at any time. Call 973-832-0841 or complete our Contact Form to schedule a free consultation with a restraining order attorney in Morristown.

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