Restraining Order Filed under the Sexual Assault Survivor Protection Act
Restraining Order Filed in Essex County Superior Court in Newark, New Jersey
If an allegation of sexual assault was made against you and a restraining order filed, we can fight to protect your rights and combat these allegations in court.
The Tormey Law Firm recently represented a client who was a defendant in a final restraining order (FRO) matter in the Essex County Superior Court located in Newark, New Jersey. Our client was living in a house with other tenants and one of the other tenants claimed that he sexually assaulted her. As a result, she filed the protection order under the Sexual Assault Survivor Protection Act. However, there were other witnesses in the home at the time and the plaintiff’s case seemed very suspect if a trial was conducted. She didn’t report anything to the police, got no medical treatment, and only filed a restraining order after several weeks when the defendant refused to leave the house. As a result, it appeared that she was using the protection of this act as a sword rather than a shield in order to evict our client from the premises.
We appeared in court ready to proceed with trial. However, once we spoke to the other attorney, we were able to negotiate a dismissal of the temporary restraining order (TRO) without the necessity of a trial. The parties entered into a civil restraints agreement where they both agreed to have no further contact with each other moving forward. They also agreed to stay away from each other’s residence and place of employment.
Settling a Restraining Order Case by Mutual Agreement
Sometimes in these restraining order cases, the parties are able to reach a settlement which is essentially a contract between the plaintiff and the defendant known as civil restraints. This is only possible if the plaintiff is willing to discuss a potential agreement. Otherwise, the plaintiff does not have to negotiate anything and can proceed directly to trial. However, if a plaintiff is willing to discuss settlement, civil restraints is usually a good option. It avoids a trial while also getting something on the record in court as to how the parties will interact moving forward (if at all). It gives the plaintiff some piece of mind that there is an agreement on the record they can point to if something happens in the future. It also allows the defendant a chance to have the restraining order dismissed and for them to abide by the terms of the civil agreement and leave the plaintiff alone. It can also settle any outstanding issues such as property disputes, living arrangements, child support, visitation, etc.
False Allegations of Sexual Assault in Essex County NJ – Contact the Tormey Law Firm Today
Civil restraints is often a useful way to resolve a restraining order matter without risking a trial and potentially losing a case. If you or a loved one needs assistance with a sexual assault restraining order in New Jersey, contact our offices anytime for a free initial consultation at (908)-336-5008.