Essex County NJ Restraining Order Dismissed Without Trial
NJ Restraining Order Lawyers with offices in Newark, New Jersey
Essex County NJ Restraining Order Dismissed: Travis J. Tormey and Christopher Perry of the Tormey Law Firm LLC 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.
Mr. Perry 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 its 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.
Newark NJ 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 201-556-1570 and the initial consultation is always provided free of charge.