Chat with us, powered by LiveChat

Free Initial Consultation · 24 / 7

Recent News

Essex County Temporary Order of Protection Dismissed in Newark NJ

Published: May 1, 2017

Client Reviews

  • 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

    Milton
  • 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

Temporary Protection Order Lawyers in Newark, New Jersey

NJ Protection Order Attorneys

NJ Protection Order Attorneys

In another successful case, The Tormey Law Firm recently represented a client who had a Survivors of Sexual Assault Temporary Order of Protection issued against him by a woman with whom he had been in a social relationship. The alleged victim asserted that our client had engaged in sexual contact with her against her will. As a result of those alleged acts, the woman claimed that she was in fear for her safety from our client and needed a Final Order of Protection as permitted by the New Jersey Sexual Assault Survivors Protection Act, or SASPA.

SASPA is a new law that authorizes the Court to issue temporary and final protective orders on behalf of victims of nonconsensual sexual contact, sexual penetration, or lewdness.  There does not have to be a criminal case filed against the person who supposedly committed the act in order for a victim to pursue a protective order.  After the alleged victim files the temporary order, the victim and alleged defendant have a hearing in front of a Superior Court judge to determine whether the alleged acts occurred and whether a protective order is required to protect the victim.  This is very similar to the process for obtaining a Domestic Violence Restraining Order: the victim only has to prove the case by a preponderance of the evidence instead of beyond a reasonable doubt, and neither party has a right to appointed counsel as with a criminal trial.  If a party wishes to have an attorney, they must obtain that attorney on their own.

Following extensive discussions with the victim, our lawyer was able to successfully negotiate a dismissal of the temporary protective order in exchange for our client agreeing to not have any further contact with the alleged victim. This outcome avoided the risks involved with having a trial, and saved the alleged victim the embarrassment of having to discuss very private matters in the courtroom. During the course of the negotiations, Mr. Perry was able to demonstrate that the evidence supplied did not support the issuance of a final protective order, and that a civil agreement between the parties was a much better outcome for all involved. The parties agreed, and entered into a civil agreement that provided for the parties to not have contact with one another going forward, as well as certain favorable provisions for our client. This was a fantastic outcome for our client and another outstanding win for the Tormey Law Firm.

Falsely Accused of Sexual Assault Protection Order in Essex County? Call Us

A Final Order of Protection under the New Jersey Sexual Assault Survivor’s Act can have serious repercussions for the person against whom it is filed. Protective orders can come up when an employer or potential landlord runs a background check, they prohibit a person from owning weapons or obtaining them in the future, and may have other consequences beyond simply preventing any contact with the protected person. It is absolutely imperative that a person facing a restraining order contact a lawyer that understands how to effectively fight these types of cases.

Filed under: Assault Offenses, Domestic Violence

Visit Our Offices

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
  • 201-556-1572
Morristown Office

Newark / Essex County

1 Gateway Center Suite 2600
Newark, NJ 07102

  • 201-654-3464
  • 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.

  • Tell us how we can help

  • Contacting our office does not establish an attorney-client relationship. Please do not share any confidential information until such a relationship has been established.