False Imprisonment as Act of Domestic Violence
Predicate Act of Domestic Violence in NJ: False Imprisonment
False Imprisonment: A predicate act of domestic violence in NJ which involves restraining another person as to interfere with their liberty. In addition to showing a predicate act of domestic violence such as false imprisonment, a plaintiff must also show a prior history of domestic violence and that a restraining order is necessary to protect their safety and well being in order to obtain a final restraining order (FRO) in New Jersey.
If you or a loved one has a restraining order case in New Jersey and are in need of legal assistance, the Tormey Law Firm LLC can help. Our experienced restraining order attorneys have handled these types of cases in practically every county in the State of NJ including in Parsippany, Dover, Denville, and Mount Olive. As a result, our lawyers are ready and able to assist you with your restraining order case immediately. Contact our offices anytime for a free initial consultation at (908)-336-5008.
Travis J. Tormey has been cited in numerous publications including the Star Ledger, Daily Record, Bergen Record, Asbury Park Press and AOL News. He has also appeared as a legal resource on CBS radio with regards to domestic violence in New Jersey. Mr. Tormey has received numerous awards from the American Trial Lawyers Association and the National Association of Criminal Defense Attorneys. He also received the clients choice awards from Avvo.com in ’13, ’14’, ’15, and ’16 and is a 10.0 rating.
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“Chris was respectful, courteous, well spoken and very professional. He slowly explained the entire process, prepped me patiently before the court hearing and it looked like he genuinely cared about his work. Afterwards he stuck around to answer any questions I may have. I highly recommend Chris if you want a lawyer you feel like you can trust and not just take your money. He made the experience very personable and even gave me his direct cell phone. If I ever need another lawyer in NJ I will call Chris for sure!”
Predicate Acts of Domestic Violence in NJ: False Imprisonment
False imprisonment is one of the predicated acts of domestic violence in a NJ restraining order matter. The statute is governed by N.J.S.A. 2C:13-3 which provides in pertinent part:
2C:13-3. False imprisonment
A person commits a disorderly persons offense if he knowingly restrains another unlawfully so as to interfere substantially with his liberty. In any prosecution under this section, it is an affirmative defense that the person restrained was a child less than 18 years old and that the actor was a relative or legal guardian of such child and that his sole purpose was to assume control of such child.
Proving False Imprisonment at a NJ Final Restraining Order Hearing
In order to establish false imprisonment as a predicate act of domestic violence in a NJ restraining order case, the plaintiff must show that the criminal statute above was violated. False imprisonment essentially requires restraining someone against their well (very similar to criminal restraint).
NOTE: It is important to remember that, although false imprisonment is a criminal charge and we use the criminal statute under N.J.S.A. 2C:13-3, the plaintiff must only establish the civil standard of “preponderance of evidence” in a restraining order case because a restraining order is civil in nature. Preponderance of evidence is a “more likely than not” standard so the plaintiff must establish 51% that the offense was committed and that is sufficient in a civil case.
In addition to proving that the predicate act of false imprisonment occurred (by a preponderance of the evidence), a plaintiff also must show a prior history of domestic violence and that they are reasonable to be in fear for their safety and need the protection that a restraining order provides. Only then should a Judge issue a final restraining order (FRO) in New Jersey which is permanent and never expires.
For more information, contact the restraining order defense lawyers at the Tormey Law Firm directly at (908)-336-5008. The initial consultation is always provided free of charge.