Somerset County Restraining Order Attorney

Temporary Restraining Order Lawyer in Somerset County, NJ, Helping You Regain Your Voice and Safety

Domestic violence silences you. It makes you feel small, isolated, and constantly on edge. Whether you are walking on eggshells in your own home or have been blindsided by a temporary order that removes you from your children, the legal system can feel like just another overwhelming force you cannot control. As a Somerset County restraining order attorney, I am here to tell you that you can take back that control.

I am Michele R. Hart, the founder of M. Hart Divorce & Family Law. My practice is built on a simple promise: to empower you with the clarity and strategy you need to survive this crisis and build a stable future. When I look at you, I don't just see a "case file." I see a person who needs a lifeline.

As an experienced Somerset County restraining order attorney, I represent clients in the Somerset County Superior Court in Somerville. I handle these sensitive matters with a unique blend of compassion and federal-level strategic rigor. Whether you are seeking a Final Restraining Order (FRO) to end a cycle of abuse or defending your reputation against false allegations, I will stand beside you every step of the way. Contact me today for a free consultation about your case.

Navigating the Family Part in Somerset County

When police are involved, people often assume a restraining order is a criminal matter. In New Jersey, however, the request for a protection order is handled in the Family Part of the Superior Court.

This is a critical distinction. Unlike criminal court, where a defendant must be proven guilty "beyond a reasonable doubt," the Family Court operates on a "preponderance of the evidence" standard. This means the judge only needs to be convinced that it is more likely than not that domestic violence occurred.

Because the bar is lower, the risk is higher. A single hearing can determine whether you lose custody, lose your right to enter your own home, or lose your right to own a firearm forever. This is not the time to "wing it." You need a Somerset County restraining order attorney who understands the specific nuances of civil domestic violence trials.

The Process: From Temporary Order to Final Hearing

The path to protection, or the defense against unfair restrictions, typically begins with a Temporary Restraining Order (TRO).

Securing a TRO in Somerset County

If you are in danger, you can apply for a TRO at the Somerset County Courthouse (20 North Bridge Street in Somerville) during court hours. On nights and weekends, you can go through your local police department.

If the judge or hearing officer believes you are in danger, they will grant the TRO immediately. This order acts as a shield, legally prohibiting the abuser from contacting you. But remember: this shield is temporary. It expires in roughly 10 days unless you prove your case at a final trial.

Defending Against a TRO

If you have been served with a TRO, you know the shock of being told you cannot return to your own home. You may feel the system is biased against you. While I do not handle criminal defense, I am a dedicated temporary restraining order lawyer in Somerset County, NJ, for the civil hearing. I help defendants challenge inconsistencies in the accuser's story and prove that a permanent order is unnecessary.

The Final Restraining Order (FRO) Trial

The "return date" listed on the temporary order is the date of your final trial. This is not a meeting or a mediation; it is a full formal hearing before a Superior Court judge in Somerville.

To obtain a permanent Final Restraining Order, you must prove two things under New Jersey law:

• The act: That a specific act of domestic violence (like harassment, assault, or stalking) took place.
• The necessity: That a restraining order is necessary to protect the victim from immediate danger or future abuse.

This second point, the "necessity" prong, is often where I can make the biggest difference. A judge might agree that an argument happened, but they might not agree that you need a lifelong restraining order. As your Somerset County restraining order attorney, I know how to argue this point effectively to protect your rights.

The Ripple Effect: Divorce, Custody, and Support

A restraining order filing is rarely an isolated event. It is often the first domino to fall in a divorce or custody dispute. Because I am a family law attorney, I manage your restraining order case with your long-term future in mind.

• Custody &parenting time: A finding of domestic violence creates a legal presumption against custody. I fight to ensure that this hearing does not unfairly sever the bond between a parent and child, or conversely, that it puts strict safety measures in place for victims.
• Financial stability: The court can order "emergent support" (immediate mortgage, rent, or child support payments) as part of the FRO. I ensure these numbers are fair and based on financial reality, not guesswork.

Is There an Alternative? The "Civil Restraints" Option

Not every case needs to end in a "winner takes all" verdict. Sometimes, the most empowering choice is to de-escalate.

In many Somerset County cases, I can negotiate Civil Restraints. This is a binding contract where both parties agree to stay away from each other and set clear boundaries for communication (usually regarding the children).

• The benefit: It avoids the risk of a trial and keeps your name off the domestic violence registry.
• The goal: It allows you to separate with dignity and moves the conflict into a more cooperative space for the divorce process.

As a skilled temporary restraining order lawyer in Somerset County, NJ, I can assess if your case is a good candidate for this solution.

Why Choose a Skilled Somerset County Restraining Order Attorney at M. Hart Divorce & Family Law?

I believe that family law should not destroy families, even when they are separating.

I am a child of divorce. I remember clearly the feeling of being a teenager and watching my world fracture. I felt vulnerable and out of control. I became a lawyer to ensure that my clients never have to feel that way.

Strategic, Not Just Aggressive

Aggression without a plan is just noise. My background in high-stakes federal corporate litigation taught me how to organize complex evidence into a clear, undeniable narrative. Whether I am highlighting a pattern of abusive text messages or exposing gaps in a witness's testimony, I am meticulous.

A Focus on Solutions

I am not here to run up your bill with unnecessary fights. I am here to solve the problem. If I can resolve your matter safely through negotiation, I will. If I need to litigate to protect your safety, I will be the fiercest advocate in the room.

Areas I Serve in Somerset County, NJ

I represent clients throughout the Somerset Hills and Central Jersey regions. From my office in Morristown, I frequently appear at the courthouse in Somerville and assist local residents with:

• Franklin Township restraining orders
• Bridgewater restraining orders
• Hillsborough restraining orders
• Bernards Township restraining orders
• Montgomery restraining orders
• North Plainfield restraining orders
• Warren restraining orders
• Branchburg restraining orders
• Somerville restraining orders
• Bound Brook restraining orders

Whether you reside in Bridgewater or Basking Ridge, having a local Somerset County restraining order attorney is essential for navigating the specific procedures of the county court.

Take the First Step Toward Safety: Contact an Experienced Somerset County Restraining Order Attorney Today

You do not have to face the judge, your abuser, or the legal system alone. Whether you need to file for protection or have a hearing date rapidly approaching, time is your most valuable asset.

Contact M. Hart Divorce & Family Law today at 973-292-9090 or reach out online to schedule a consultation. Let’s work together to restore your peace of mind.