Local Restraining Order Lawyers in Newark NJ
Essex County Restraining Order Attorneys with offices in Newark, New Jersey
Domestic Violence Attorneys Newark NJ
Here is a real case we handled for a client who was served with a temporary restraining order in Newark, NJ.
The Essex County NJ restraining order lawyers successfully had another restraining order matter dismissed this week in Newark, New Jersey. Our client was a retired police officer who’s wife of 10 years filed a temporary restraining order against him in Essex County. The client wisely retained the Tormey Law Firm LLC to represent him in this matter. After reviewing the restraining order, it became very clear that there was no domestic violence in this case and that there were merely normal marital issues that arose between the parties. As a result, if a final hearing was conducted before the Judge, our NJ restraining order lawyers were confident that the Judge would dismiss the restraining order and find that no domestic violence had occurred.
Once we appeared for the final restraining order hearing in court, the plaintiff was representing herself and did not have an attorney. After speaking to her about the merits of the case and a potential resolution, she agreed to drop the restraining order voluntarily. The parties may still get divorced but the plaintiff realized that she did not need a restraining order to protect her in this case and she was not afraid of the defendant.
As a result, the plaintiff spoke to the domestic violence counselors at the Essex County Superior Court and was explained the cycle of domestic violence. Then, she signed several papers stating that she wished to drop the restraining order and voluntarily dismiss the case. Finally, we appeared on the record before the Judge and she dismissed the case in court. The judge confirmed that this was the course of action she wanted to take, that no one was forcing her or coercing her to do this, and that she was doing so freely and voluntarily. This is done in every case where the plaintiff wants to dismiss a restraining order.
Luckily, once a restraining order is dismissed in court, there is no record of it or anything that you need to expunge from your background. If a potential employer files a background check on you known as a criminal case history (“CCH”), a restraining order does not show up because it’s civil in nature. However, if you were arrested for criminal charges associated with the restraining order or if you were arrested for allegedly violating the restraining order, then there is a record of that which you would need an expungement for.
My wife dropped the restraining order, can I go home?
The short answer is yes. Once the restraining order is dismissed in court, there are no restrictions prohibiting you from returning to your residence or having contact with your wife. However, remember that there is also nothing preventing your wife from filing a new restraining order against you alleging new acts of domestic violence. So, if you are on good terms and everything is worked out, then you should absolutely return home but make sure that you get along so the police are not called to the home again or a new restraining order is filed. On the other hand, if you won a trial and the restraining order was dismissed but your wife wanted a final and permanent restraining order against you, we strongly advise you speak to a divorce attorney to protect your rights. Because, if you return home and the plaintiff alleges that something happened there, you could be back in the exact same situation again – facing a temporary restraining order and removed from your home.
Beat a Restraining Order in Newark NJ – Contact the Tormey Law Firm Today
Here, the restraining order was voluntarily dismissed and our client was able to return home. This was the correct result in this case and a great relief to our client. If you or someone you love need assistance with a restraining order in Essex County NJ, contact the Tormey Law Firm now for a free initial consultation at (908)-336-5008.
