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Domestic Violence Case Dismissed After Trial in Family Court in Passaic County NJ

Published: February 7, 2018

Client Reviews

  • After receiving a Restraining Order by an ex girlfriend accusing me of harassment which was false, I contacted the law firm. Chris helped to get the case dismissed as quickly as possible ... full review

    Stanley
  • He assured me that he would aggressively try to get this unsubstantiated TRO dismissed as well as the harassment charge. Sure enough he did just that and on such short notice that it left... full review

    a client
  • Travis was able to successfully get the TRO dismissed without even going to a trial, and i am truly thankful for Travis and his confidence and savviness when it pertains to the law. full review

    a client

Final Restraining Order (FRO) Hearing in Paterson, New Jersey

Passaic County NJ Restraining Order Lawyers

Passaic County NJ Restraining Order Lawyers

The Passaic County domestic violence and restraining order defense lawyers at The Tormey Law Firm recently prevailed at trial in the New Jersey Superior Court, Family Part in Paterson.  Our client’s ex-girlfriend accused our client of harassment due to allegations of sending numerous, repeated text messages after their break up.  But the problem was that she was also sending him text messages with foul language and inappropriate photograms, provoking him to respond with similar language.  And this all happened on the day that the plaintiff filed for the temporary restraining order.  The bottom line was that, during the course of the final restraining order trial, the plaintiff was not able to convince the court that she was truly in fear of the defendant – and this was fatal to the plaintiff’s case.  Thus, after trial, the court agreed with our argument that a final restraining order was not necessary to protect the plaintiff because she was not actually a victim of domestic violence.

The Prevention of Domestic Violence Act (PDVA) establishes nineteen predicate acts of domestic violence under N.J.S.A. 2C:25-19 (1) through (19), one of which is harassment.  According to the analytical framework in Silver v. Silver, 387 N.J. Super. 112 (App. Div. 2006), a trial court must find by a preponderance of the evidence, or more likely than not, that at least one enumerated act of domestic violence occurred before the entry of a final restraining order.  The New Jersey Criminal Code, N.J.S.A. 2C:33-4, sets forth that a person commits harassment if with purpose to harass another, he makes or causes to be made, a communication or communications anonymously or at extremely inconvenient hours, or in offensively coarse language, or any other manner likely to cause annoyance or alarm; subjects another to striking, kicking, shoving, or other offensive touching, or threatens to do so; or engages in any other course of alarming conduct or of repeatedly committed acts with purpose to alarm or seriously annoy such other person.

At trial, it is the plaintiff’s burden to prove that the defendant committed and act of domestic violence.  In other words, it is not enough for the plaintiff to say, “I’m being harassed.”  Rather, if the plaintiff accuses the defendant of harassment, then the plaintiff must show specific facts that satisfy the legal requirements of the statutory definition of harassment.  In our recent victory, we effectively highlighted the weaknesses in the plaintiff’s case as they related to whether or not harassment actually occurred and whether or not a final restraining order was truly necessary for protection from our client.  Accordingly, the court dismissed the case, vacated the temporary restraining order and our client walked out of court with a clean slate.  If you have been accused of domestic violence and served with a temporary restraining order in New Jersey, you should contact the experienced restraining order defense lawyers at The Tormey Law Firm.  We have successfully defended countless clients from allegations of domestic violence in family courts across New Jersey and we are ready to defend you 24/7 at 201-556-1570.

Filed under: Domestic Violence

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With offices in Hackensack, Morristown, Newark, Middletown, and Collingswood, our lawyers can represent you anywhere in New Jersey and are available immediately to assist you at 201-556-1570

Hackensack / Bergen County

254 State Street
Hackensack, NJ 07601

  • 201-556-1570
  • 201-556-1572
Hackensack Office

Morristown / Morris County

55 Madison Avenue Suite 400,
Morristown, NJ 07960

  • 908-336-5008
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Morristown Office

Newark / Essex County

1 Gateway Center Suite 2600
Newark, NJ 07102

  • 888-668-1940
  • 201-556-1572
Newark Office

for a free initial consultation Contact the Tormey Law Firm

Travis J. Tormey is a distinguished member of the legal community and a respected legal resource on domestic violence. He has been featured in a variety of prominent publications and media outlets, including CBS radio, Aol News, the Asbury Park Press, NJ.com, and the Daily Record. Mr. Tormey has also been recognized as one of the the top criminal attorneys under 40 years of age by the National Trial Lawyers Association and the National Academy of Criminal Defense Attorneys. Whether representing victims or the wrongly accused, Travis remains passionately committed to protecting the rights of the innocent.

Areas we serve

The Tormey Law Firm LLC handles restraining order cases in Bergen County (Hackensack), Morris County (Morristown), Passaic County (Paterson), Union County (Elizabeth), Hudson County (Jersey City), Middlesex County (New Brunswick), Somerset County (Somerville), Sussex County (Newton), Essex County (Newark), Hunterdon County (Flemington), Mercer County (Trenton), Monmouth County (Freehold), Warren County (Belvidere), Ocean County (Toms River), Burlington County (Mount Holly), and throughout NJ.

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