Is a restraining order a criminal conviction?

No, it is a civil order. However, the consequences can feel punitive. You will be fingerprinted, placed in a domestic violence registry, and barred from owning firearms. Furthermore, if you

Can I get a restraining order removed later?

It is difficult. Unlike other states, New Jersey FROs do not expire. They are lifelong orders. To remove one, you must file a "Carfagno motion" and prove to a judge that circumstances have changed so significantly that the order is no longer needed. It is much easier to defend against the order at the initial trial than to try to remove it years later.

What happens to my living situation?

If a judge grants the order, the defendant is typically barred from the family home immediately. Police will often escort the defendant to the home to retrieve only personal essentials (clothes, toiletries) in a strict 15-minute window. This "exclusive possession" usually lasts until the divorce is finalized or the order is dismissed.

Does the loser pay the legal fees?

If a victim (plaintiff) wins a Final Restraining Order, the law permits the judge to order the defendant to pay the victim's attorney fees. This is a powerful tool I use to ensure victims can afford the protection they need. Conversely, if a defendant successfully defends against the order, they usually cannot recover their own fees unless the court finds the accusations were made in bad faith.

Bergen County Restraining Order Attorney

Temporary Restraining Order Lawyer in Bergen County, NJ, Providing Strategic Advocacy

Your home is supposed to be your sanctuary. When that safety is shattered by violence, harassment, or threats, the world feels unstable. Whether you are the one seeking protection from an abuser or you have been wrongfully accused and locked out of your life overnight, the speed at which these cases move can be terrifying. A Bergen County restraining order attorney can step in to protect your rights and provide the support you need.

In Bergen County, the stakes are exceptionally high. A restraining order here is not just a piece of paper; it is a permanent legal judgment that can dismantle your reputation, your career, and your relationship with your children.

You cannot navigate this storm alone. You need a navigator who knows the waters.

I am Michele R. Hart, founder of M. Hart Divorce & Family Law. I believe that in the chaos of domestic violence litigation, you deserve clear-headed, strategic counsel. My background in high-stakes federal litigation has taught me that the best results come from preparation, not just aggression. As a skilled Bergen County restraining order attorney, I am here to help you regain your footing and protect your future. Contact my office today for a free, 15-minute consultation.

Looking for Supportive Legal Guidance? I’m Here to Help.

At M. Hart Divorce & Family Law, I’m committed to guiding you forward with empathy and clarity. With over 30 years of experience, I tailor my approach to meet your needs and protect what matters most. Reach out to me today to learn more about how I can help.

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The Bergen County Justice Center: A Distinct Legal Landscape

Restraining orders in New Jersey are handled in the Family Part of the Superior Court. For Bergen County residents, this means your case will be heard at the Bergen County Justice Center in Hackensack.

If you have never been involved in the legal system, this environment can be intimidating. But it is important to understand that this is civil court, not criminal court.

The burden of proof: In a criminal trial, guilt must be proven "beyond a reasonable doubt." In a restraining order hearing, the standard is a "preponderance of the evidence."
What this means for you: The judge simply needs to believe that the allegations are more likely true than not (51%) to issue a final order.

Because the threshold for evidence is lower, the margin for error is razor-thin. A poorly argued defense or a disorganized presentation of evidence can lead to life-altering consequences. This is why having a Bergen County restraining order attorney who is familiar with the specific expectations of Hackensack judges is vital.

From Crisis to Resolution: How the Process Works

The Temporary Restraining Order (TRO)

The process usually starts with an emergency application. If you are in immediate danger, you may apply for a TRO at the courthouse in Hackensack (10 Main Street) or, if it is after hours, at your local police station.

If granted, the TRO is an immediate, temporary shield. It forbids all contact. However, it is only a placeholder. It creates a "status quo" of safety until the court can hear the full story.

Whether you live in Hackensack or Fair Lawn, having a dedicated temporary restraining order lawyer in Bergen County, NJ, is essential for navigating the specific procedures of the county court.

The Final Restraining Order (FRO) Hearing

Unlike the temporary order, which is granted based only on one side of the story, the Final Hearing is essentially a full trial. Both sides, plaintiff and defendant, have the right to testify, present witnesses, and cross-examine the other party.

As an experienced Bergen County restraining order attorney, I approach these trials with the precision of a professional litigator. I focus on the two pillars required by New Jersey law:

Predicate act: Proving (or disproving) that an act of domestic violence occurred, such as assault, harassment, or terroristic threats.
Need for protection: This is the nuance that many lawyers miss. Even if an act occurred, I must argue whether a permanent order is necessary to prevent future harm. This "necessity prong" is often the turning point of the entire case.

Beyond the Order: Protecting Your Family and Finances

A restraining order is rarely just about safety; it is often the opening chapter of a divorce or custody battle. In Bergen County, where complex assets and high-income considerations are common, a restraining order can complicate the financial landscape significantly. As a temporary restraining order lawyer in Bergen County, NJ, I’m here to advocate for your best interests.

Parenting rights: I fight to ensure that allegations of abuse do not weaponize the legal system to alienate a parent from their child, while simultaneously ensuring that true victims have the safeguards they need.
Exclusive possession: The court can grant one party the right to live in the marital home while the other is barred from entering. I work to ensure these decisions do not prejudice the final division of property in your divorce.

A Strategic Alternative: Civil Restraints

Litigation is not the only path forward. In many scenarios, especially where both parties recognize that the relationship is over but want to avoid the stigma of a permanent domestic violence record, I can negotiate Civil Restraints.

This is a private, enforceable consent order. It establishes boundaries, prohibits harassment, and outlines specific communication protocols for the kids, without the harsh consequences of a Final Restraining Order. It de-escalates the conflict and allows both parties to move toward divorce proceedings with dignity.

Why Choose a Bergen County Restraining Order Attorney From M. Hart Divorce & Family Law?

I litigate with purpose. I began my career in federal corporate litigation, where every detail matters and every strategy is scrutinized. I bring that same level of rigor to the family court. I don't just "show up" for your hearing; I build a narrative supported by evidence, texts, emails, and police reports.

I understand the personal toll. I am a child of divorce. I know what it feels like when a family fractures. My goal as a temporary restraining order lawyer in Bergen County, NJ, is not to inflame the conflict, but to resolve it. I offer a steady hand and a clear strategy so you can stop reacting to the crisis and start planning for your life after it.

Serving Communities Across Bergen County

My firm assists clients throughout the Northern New Jersey area. While my office is in Morristown, I regularly represent clients in the Bergen County Superior Court, providing assistance with matters such as:

Hackensack restraining orders
Paramus restraining orders
Ridgewood restraining orders
Teaneck restraining orders
Englewood & Englewood Cliffs restraining orders
Fort Lee restraining orders
Mahwah restraining orders
Fair Lawn restraining orders
Wyckoff restraining orders
Franklin Lakes restraining orders

Your Future is Being Decided Now, So Don’t Wait

Restraining order hearings are scheduled quickly, usually within 10 days of the initial incident. This leaves very little time to prepare. Whether you are filing for protection or defending your rights, delay is your enemy.

Secure the representation you need today. Contact M. Hart Divorce & Family Law at 973-292-9090 or reach out online to schedule a consultation with a dedicated Bergen County restraining order attorney.