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Harassment Predicate Act of Domestic Violence Dismissed in Essex County After Trial

Published: August 14, 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

Temporary Restraining Order (TRO) Lawyers in Newark, NJ

Essex County NJ Domestic Violence Attorneys

Essex County NJ Domestic Violence Lawyers

Essex County NJ Domestic Violence Lawyers

The NJ domestic violence defense lawyers at the Tormey Law Firm LLC represented a client recently who was facing a temporary restraining order (TRO) arising out of the Essex County Superior Court, Family Division located in Newark, New Jersey. The plaintiff alleged harassment as the predicate act of domestic violence. She also alleged a prior history of domestic violence but merely stated that there were restraining orders filed in the past which were dropped. The harassment she claimed was that her ex-boyfriend, the defendant, was emailing her and posting inappropriate information about her online. If the final restraining order was issued in this case, the defendant is fingerprinted and placed in a NJ database for domestic violence offenders. In addition, this restraining order never expires and is permanent in New Jersey. Finally, the defendant is prohibited from owning or possessing firearms and, if he or she is not a US citizen, this could effect their immigration status.

The defendant hired the Tormey Law Firm to represent him at the trial in the Essex County Court. The plaintiff goes first and has the burden of proof. She testified and admitted any evidence that she deemed relevant to prove the predicate act of harassment. Our attorneys had an opportunity to cross examine her and attack her credibility and proofs. Then, the defendant testified and admitted his evidence (emails, texts, voicemails, pictures, hospital records, etc.). The plaintiff must prove that a predicate act of domestic violence occurred, that there is a prior history of domestic violence, and that she is reasonable to be in fear for her safety and needs the protection of the courts. All of these elements must be proven by a preponderance of the evidence since this is a civil case.

In this case, the Judge found that the plaintiff failed to establish her burden of proof with regards to all of the elements including the predicate act of domestic violence, the prior history of domestic violence, and the need for the protection of the restraining order. As a result, the Judge dismissed the case completely. This was a great result for our client and the Tormey Law Firm LLC. If you or a loved one needs assistance with a domestic violence restraining order matter in NJ, contact our offices anytime for immediate assistance at (908)-336-5008. The initial consultation is always provided free of charge.

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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 (908)-336-5008

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254 State Street
Hackensack, NJ 07601

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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

  • 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.

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