Temporary Restraining Order (TRO) Lawyers in West Orange NJ
Essex County Domestic Violence Attorneys in West Orange, NJ
Has a false restraining order been issued against you alleging harassment? We can help.
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.
False Restraining Order Based on Harassment? Case Dismissed
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.