Former State Prosecutor

Former Atlantic County Prosecutor

Certified Criminal Trial Attorney

Experienced for over 30 years

Available 24/7

609.345.3300

RECENT DWI & CRIMINAL DEFENSE RESULTS

STATE v. HENDRICKS — NEW JERSEY MURDER TRIAL — “NOT GUILTY” VERDICT

Mr. Tumelty represented Helena Hendricks, who was charged with first degree murder in Atlantic County Superior Court. The defendant faced a number of additional charges, including armed robbery, conspiracy and possession of a handgun for an unlawful purpose. At the conclusion of a jury trial that lasted three weeks, the defendant was found “not guilty” of all charges.

Former State Prosecutor

Former Atlantic County Prosecutor

Certified Criminal Trial Attorney

Experienced for Over 30 years

Other areas we serve

The Difference Between Jail and Prison

Jail and prison are two separate entities that are often mixed up. The difference between jail and prison is mostly the length of stay for inmates. Jail is more for a short-term sentence, while prison is for those with a long-term sentence. When thinking about it, though, prison seems like the more intense of the two, does it…Continue Reading

What You Need to Know About Recorded Phone Calls in Jail

What You Need to Know About Recorded Phone Calls in Jail

Being in jail means a lot of your rights are seemingly stripped from you, but there are still a lot of rights you have that, if broken by jail workers, could work out really well in your favor. One of these rights is the use of the phone, and what can and can’t be recorded…Continue Reading

Learn More About Early Termination of Probation

Learn More About Early Termination of Probation

  Early probation is something many people facing jail time seek. Some believe that it can be tough to get early probation, but if done right, it may not be as difficult as you might think. Specific to New Jersey law, there are a few different ways you might be able to get early probation if…Continue Reading

Don’t Let a Domestic Violence Arrest Derail Your Life; Get Restraining Order Defense Help in Atlantic City, NJ


One of the most serious implications of a domestic violence charge can be a restraining order. Far too often, a restraining order is sought by a spurned ex (an ex-spouse, ex-boyfriend, or ex-girlfriend) who is motivated by anger and seeking revenge. However, regardless of the reasons or motivations, a restraining order can have a profound impact on your life. It can prevent you from entering your own home and it can even prevent you from seeing your children.

John W. Tumelty is an Atlantic City criminal defense lawyer who protects clients at every stage of the criminal justice process. Whether you’ve been charged with a domestic violence offense or need representation at a restraining order hearing, Mr. Tumelty can help you. He is a former state and assistant county prosecutor with 30 years of criminal law experience. Now he represents clients at criminal proceedings and restraining order hearings throughout South Jersey, including Atlantic County and Cape May County.

What Kinds of Penalties Do You Face for Violations of Restraining Orders?

A restraining order prohibits an individual from contacting the alleged victim or engaging in certain behavior. When a temporary restraining order (TRO) is granted, it goes into effect immediately. It is very easy for an accuser to have you arrested for violating the terms of a TRO. A mere accusation is enough for law enforcement to place you under arrest because the police take an “ask questions later” approach to domestic violence incidents and restraining order violations.

Within 10 days of the TRO being granted, a civil court hearing for a final restraining order (FRO) will be scheduled. While a mere allegation of domestic violence is sufficient to get a TRO entered against you, an FRO requires greater proof:

  • The alleged victim must prove that they were in a relationship with the defendant. This generally means that the parties are spouses, ex-spouses, involved in a dating relationship, co-parents or members of the same household.
  • The victim must also prove that they are in need of protection from the defendant. Evidence that the defendant committed an act of domestic violence is typically sufficient to meet this requirement. These acts include assault, homicide, harassment, terroristic threats, stalking, kidnapping, criminal restraint, false imprisonment, sexual assault, criminal sexual contact, lewdness, burglary, criminal trespass and criminal mischief.
  • The alleged victim must also convince the judge that they have reason to fear for their safety absent the issuance of a restraining order.

In addition to addressing the restraining order at an FRO hearing, you may also be required to answer criminal charges in a separate court proceeding. Domestic violence incidents often result in both a restraining order and criminal charges such as harassment, stalking, and assault.

Once an FRO has been issued, you must abide by its requirements and restrictions. If you violate the terms of a restraining order, you can be charged with criminal contempt. This charge may be classified as a fourth degree felony, which is punishable by up to 18 months in New Jersey State Prison. Even if your charge is classified as a disorderly persons offense, you can be sentenced to up to six months in county jail. If you are convicted of a second disorderly persons violation of a restraining order, you will be required to serve a minimum of 30 days in county jail.

Restraining Order Attorney Represents Clients at TROs and FROs in Atlantic and Cape May Counties

If you have been arrested as a result of a domestic violence incident, it is imperative that you speak with an experienced attorney immediately. A knowledgeable domestic violence attorney can protect your right to a fair hearing and potentially get your restraining order vacated.

Call the Law Offices of John W. Tumelty to schedule a free consultation with an experienced criminal defense attorney. John Tumelty understands the nuances of complex domestic violence laws in New Jersey. That’s why the firm also provides assistance for victims of domestic violence. Contact Mr. Tumelty today to arrange a meeting at one of his office locations in Marmora and Somers Point. He will sit down with you at his office to discuss what happened in your case and explain exactly what you have to do to get your charges dismissed.

FacebookTwitterGoogle+Share

Free Consultation 24/7

Nights & Weekends

Free Consultation

Free Consultation

Atlantic County Offices

ATTORNEY JOHN W. TUMELTY
CRIMINAL DEFENSE LAWYER
1 S. NEW YORK AVENUE, SUITE 212
ATLANTIC CITY, NJ 08401

609.345.3300

ATTORNEY JOHN W. TUMELTY
CRIMINAL DEFENSE LAWYER
1616 PACIFIC AVENUE, SUITE 318
ATLANTIC CITY, NJ 08401

609.385.4010

ATTORNEY JOHN W. TUMELTY
CRIMINAL DEFENSE LAWYER
1555 ZION ROAD, SUITE 203
NORTHFIELD, NJ 08225

609.435.1435

Cape May County Offices

ATTORNEY JOHN W. TUMELTY
CRIMINAL DEFENSE LAWYER
539 SOUTH SHORE ROAD
MARMORA, NJ 08223

609.390.4600

ATTORNEY JOHN W. TUMELTY
CRIMINAL DEFENSE LAWYER
3318 SIMPSON AVENUE
OCEAN CITY, NJ 08226

609.385.4221

ATTORNEY JOHN W. TUMELTY
CRIMINAL DEFENSE LAWYER
100 E RIO GRANDE AVE
WILDWOOD, NJ 08260

609.277.2786

Areas We Serve

Atlantic County Offices

Cape May County Offices

ATTORNEY JOHN W. TUMELTY
CRIMINAL DEFENSE LAWYER
539 SOUTH SHORE ROAD
MARMORA, NJ 08223

609.390.4600 Get Directions

ATTORNEY JOHN W. TUMELTY
CRIMINAL DEFENSE LAWYER
3318 SIMPSON AVENUE
OCEAN CITY, NJ 08226

609.385.4221 Get Directions

ATTORNEY JOHN W. TUMELTY
CRIMINAL DEFENSE LAWYER
100 E RIO GRANDE AVE
WILDWOOD, NJ 08260

609.277.2786 Get Directions

Seasoned criminal defense lawyer John W. Tumelty has three conveniently located offices in Atlantic City, Somers Point and Marmora, NJ. He serves clients in Atlantic, Ocean, Gloucester and Cape May counties and the Jersey Shore, including: Absecon, Atlantic City, Avalon, Cape May, Dennis Township, Egg Harbor Township, Galloway Township, Hamilton Township, Hammonton, Linwood, Lower Township, Margate, Middle Township, Northfield, Ocean City, Pleasantville, Sea Isle City, Somers Point, Stone Harbor, Upper Township, Ventnor and Wildwood.