Restraining Order Attorneys Serving Clients in Denville, New Jersey
The restraining order defense attorneys at the Tormey Law Firm have done it again: helped another client avoid a final restraining order in Morris County. In New Jersey, restraining order cases are heard in the New Jersey Superior Court, Family Part, in the county where one of the parties resides or where the alleged act of domestic violence occurred. This case was one between a husband and wife who lived in Denville in Morris County. The wife alleged that the husband harassed her by accusing her of cheating, taking her phone, and preventing her from leaving their home. After being served with the temporary restraining order, our client made a smart move and called the domestic violence defense lawyers at the Tormey Law Firm. Now, the temporary restraining order has been dismissed and there is no final restraining order against our client.
To discuss your restraining order and domestic violence case in Denville or another municipality in the Morris County area, call us now at 908-336-5008 for a free consultation.
Resolving a Denville Restraining Order Case in Morris County Court
In this case, both parties were represented by attorneys, which enabled a discussion to take place prior to trial in an effort to come to a civil restraints agreement about how the parties would interact, or not interact, going forward. A civil restraints agreement is essentially a contract between the parties that controls how they will communicate. In most cases, the agreement is simple: the parties will have no more contact. Generally, the plaintiff no longer wants to have any contact at all from the defendant. But in this case, the family dynamic was different. The parties were not getting divorced and they have children to care for and a home to maintain. Thus, we crafted a detailed agreement outlining how the parties would handle responsibilities at home while staying in separate parts of the house: this afforded both parties with privacy and place of their own to go and be left alone while still being able to be there for their children and maintain the family home.
After a couple hours of hammering out the details, both parties signed the civil restraints agreement and, ultimately, the plaintiff dismissed the temporary restraining order against our client. As part of the process, the family court judge called the parties up to be sworn in and testify that they reached an agreement and that, most importantly, the plaintiff was dismissing the temporary restraining order. In fact, the court will not dismiss a restraining order at the request of the plaintiff unless the court can find that the plaintiff’s request is made knowingly, willingly, and voluntarily and that no one forced, threatened, or coerced the plaintiff to request a dismissal of the temporary restraining order. In this recent case, the court accepted the plaintiff’s sincere request to dismiss the case and then the case was closed. Thus, a final restraining order trial was not necessary and our client avoided having to be fingerprinted and entered on the domestic violence registry.
What if the Plaintiff Refuses to Dismiss a Restraining Order in Denville NJ?
If the person who files a restraining order in Denville, New Jersey, is unwilling to dismiss the case outright or enter into a civil restraints agreement, then the case will proceed to a trial. A restraining order trial in Morris County Superior Court or another Family Court in New Jersey is unique in its process and the elements that must be satisfied before a judge will decide to issue a permanent order of protection. Unlike criminal cases, which must be proven beyond a reasonable doubt, restraining order cases must be proven by a preponderance of evidence. This is typical for other civil legal matters as well.
When seeking a final restraining order, the plaintiff must demonstrate that an act of domestic violence occurred, that prior domestic violence occurrences have happened among the parties, that the victim is in fear for their safety, and that the restraining order is necessary for their further protection. These elements must be satisfied in accordance with the preponderance of evidence standard, which essentially means it is more likely than not that these things are true. If any of these critical components of a restraining order case do not exist or can be successfully invalidated, a final restraining order will not be issued and the temporary restraining order will be dismissed.
Both the plaintiff and the defendant involved in a domestic violence proceeding may wish to retain an experienced lawyer, but one is not afforded by the state, as is the case when a person is facing criminal charges and qualifies for a public defender. Nevertheless, the outcome in a restraining order case can prove highly valuable to preserve and protect the victim, or equally damaging for the defendant if the allegations in the complaint for domestic violence are false. For instance, if you have been accused of harassment, stalking, aggravated assault, criminal mischief, or another act of domestic violence, the punishments for a criminal offense are issued separate and apart from a final restraining order.
If an FRO is issued against you, you may have immigration issues if you are not a permanent US citizen, you will be forever prohibited from possessing firearms and other weapons, you may face changes with child custody or visitation, and your information will be documented and maintained by the state. Clearly, domestic violence restraining order matters must be taken very seriously and you are best advised to consult with a lawyer about the best way to get your case dismissed.
Served with Restraining Order in Denville NJ – Need Lawyer
If you are facing a final restraining order in Morris County and/or are facing criminal charges for domestic violence in Denville, New Jersey, contact the experienced restraining order lawyers at the Tormey Law Firm to learn more about the consequences of a final restraining order and what to do if you are served with a temporary restraining order.
