Essex County Restraining Order Dismissed Without Trial

Restraining Order Lawyers for Clients in East Orange, New Jersey

Beat a Restraining Order in East Orange NJ

Were you served with a restraining order in East Orange in Essex County? We can help. Here is a real domestic violence case we successfully handled in Newark for one of our clients.

Travis J. Tormey recently represented a client who was facing a permanent (final) restraining order (FRO) in Essex County, New Jersey. The case was handled at the Family Division of the Essex County Superior Court in Newark, New Jersey. The basis for the restraining order was harassment. In addition, the alleged victim also filed criminal charges for harassment in the East Orange Municipal Court. These cases are entirely separate, have two different burdens of proof, and you can have a restraining order entered against you permanently and have the criminal charge be dropped or vice versa or both charges can be entered against you. Basically, neither case is dependent on the other in terms of results.

Our attorney was able to negotiate a disposition with the alleged victim’s attorney that resolved the case positively for our client. The plaintiff agreed to dismiss the restraining order and the parties entered into a consent agreement called “civil restraints” whereby they agreed to not have any further contact with each other. However, this is not a restraining order so the defendant avoids being fingerprinted and placed in a database for domestic violence offenders. He is also not prevented from owning firearms in the future and the civil restraints will not have any immigration consequences while a final restraining order (FRO) could. Additionally, the alleged victim agreed to drop the criminal charges for harassment altogether in the East Orange Municipal Court. Although technically the State of NJ has the charges and it’s up to the Municipal prosecutor what happens with the case, typically the prosecutor will adhere to the wishes of the alleged victim and in this case they did and the charges were dropped. This was a very satisfying result for our client and the law firm.

Since a Final Restraining Order is significant for a Plaintiff and a Defendant, it is important to combat a Restraining Order with skill, experience and expertise.  Call The Tormey Law Firm today at (908)-336-5008 for fervent advocacy.

Restraining Orders in East Orange, NJ

When a victim is seeking a restraining order in East Orange, they can visit the Essex County Superior Court Monday through Friday from 8:30 am through 4:30 pm.  The Essex County Superior Court is located at 50 West Market Street in Newark, New Jersey 07102.  If the person is in need of immediate assistance, he or she can also visit the East Orange Police Department when the Superior Court is closed, located at 15 S Munn Avenue, East Orange, NJ 07018. Further, domestic violence complaints for restraining orders can be accessed at the local East Orange Municipal Court if a person needs to get a restraining order placed on a defendant during regular court hours of operation.

Once the Court finds that the plaintiff needs protection from a restraining order, whether it is in Essex County or if the plaintiff moves out of state, the restraining order remains enforceable.  State-to-state reciprocity is the term often referred to when other states honor or enforce a restraining order from another state.  Therefore, the same way New Jersey enforces its own restraining orders, the State will impose sanctions and penalties as if the order was from the State New Jersey. The Violence Against Women Act gives full faith and credit to out-of-state restraining orders.

Preliminary factors, such as the order being in place to protect the plaintiff against future acts of domestic violence, the Court granting the order had jurisdiction over the matter, and the defendant having notice about the order being issues, are important factors in these situations. Moreover, federal law safeguards this concept of reciprocity in order to protect plaintiffs. It is not required for a plaintiff to let the Court know when he or she moves out of the State from where the restraining order was issued. However, it is important to notify the Court when a party moves so that he or she can be made aware of Court correspondence, etc.

Fight False Allegations – Local East Orange Final Restraining Order Attorneys

If you or a loved one needs assistance with a permanent restraining order in Essex County NJ, contact the Tormey Law Firm for help. Our attorneys are available immediately to assist you at (908)-336-5008 and the initial consultation is always provided free of charge.