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Morris County NJ Restraining Order Dismissed in Favor of Civil Restraints Agreement

Published: February 27, 2017

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Denville Restraining Order Lawyers

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.

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.

Served with Restraining Order in Denville NJ – Need Lawyer

Thus, a final restraining order trial was not necessary and our client avoided having to be finger printed and entered on the domestic violence registry.  If you are facing a final restraining order in Morris County, 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.

Filed under: Domestic Violence

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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.

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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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