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Essex County NJ Restraining Order Dismissed by Judge After Final Hearing

Published: May 16, 2017

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  • Upon reading the success in the reviews of Travis' law firm, I decided to give him a call. That call would be the best, life changing call I ever made. full review

  • 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

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Montclair Final Restraining Order Lawyers

Temporary Restraining Order Attorneys in Newark, NJ

Harassment Restraining Order NJDo you need a lawyer to fight a harassment restraining order in Essex County? We can help. Here is a case we handled there recently for a client with tremendous results.

The domestic violence and restraining order defense attorneys at the Tormey Law Firm in Essex County recently prevailed at trial in the New Jersey Superior Court, Family Part in Newark. Our client had recently filed an annulment from his wife but then she filed a temporary restraining order alleging that she was being harassed – she alleged that our client just would not leave her alone. But, the allegation could not have been farther from the truth. In preparation for trial, our defense team compiled evidence including e-mails and text messages that disproved the plaintiff’s case. Then, at trial the plaintiff presented her case but the judge was not convinced and agreed with our argument that there simply was not enough evidence to justify a final restraining order, resulting in a dismissal of the case.

The Prevention of Domestic Violence Act 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, the plaintiff must show specific facts that satisfy the legal requirements of one of the legal definitions of harassment. In our recent victory, we effectively and successfully pinpointed and underscored 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 and vacated the temporary restraining order.

Fight a Harassment Restraining Order in Essex County NJ

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 who have successfully defended countless clients against allegations of domestic violence in family courts across New Jersey. Contact our Essex County NJ restraining order lawyers now for immediate assistance at (908)-336-5008. The initial consultation is always provided free of charge.

Filed under: Case Study

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With offices in Hackensack, Morristown, Newark, Middletown, and New Brunswick, our lawyers can represent you anywhere in New Jersey and are available immediately to assist you at (908)-336-5008

Hackensack / Bergen County

254 State Street
Hackensack, NJ 07601

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

Morristown / Morris County

60 Washington St Suite 200A,
Morristown, NJ 07960

  • 908-336-5008
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Morristown Office

Newark / Essex County

1 Gateway Center Suite 2600
Newark, NJ 07102

  • 201-654-3464
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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,, 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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