Restraining Order Dismissed Bergen County NJ
Disputing Acts of Domestic Violence in Hackensack, New Jersey
Alleged domestic abuse involving assault, terroristic threats, criminal mischief, harassment, and other acts of violence frequently give rise to restraining orders in Hackensack and throughout Bergen County. When a person is accused of committing an act of domestic violence against a victim, and a temporary restraining order is granted by a judge, the order cannot become permanent until after a hearing is held to determine the need for a final restraining order. At this point, the defendant has the opportunity to vigorously dispute the allegations and the plaintiff has the right to try to prove that domestic violence did, indeed, occur and there is a necessity for further protection in the form a restraining order. Do you have a final restraining hearing scheduled in Hackensack? You’ve come to the right place.
Final Restraining Order Hearing: Representing Your Interests
When you have domestic violence restraining order case in Hackensack or another town in New Jersey, there will be a final hearing before a judge in Family Court. This is because a restraining order is considered a civil matter which falls under the jurisdiction of the Family Division in the Superior Court in the county where the temporary order was granted to the alleged victim. There are a few things that can happen before the final hearing. For example, if you have been charged with an act of domestic violence, you will be arrested and have a detention hearing before a criminal judge who will decide whether to release you or keep you detained pending the outcome of your criminal case. If you are not facing criminal charges for domestic violence or you are released after your arrest, you will still have court for a restraining order if a TRO has been issued against you. Some cases result in both criminal charges and a restraining order, while others lead to just a restraining order, or vice versa. Getting help from an attorney who knows how to handle both aspects of domestic violence cases is integral to the success of your case.
Our firm has extensive experience handling domestic violence legal issues statewide, many of which occur in Bergen County. For example, the Bergen County NJ domestic violence defense lawyers at the Tormey Law Firm recently represented a client who was facing a temporary restraining order (FRO) at the Bergen County Superior Court in Hackensack, NJ. Our client’s ex-girlfriend filed the TRO against him when there was an argument relating to her son and where he wanted to go to college. The parties dated for many years so our client had raised her son as his own and they were still very close even after the parties romantic relationship ended a few years ago. As a result, our client drove her son to a college visit and continued to be involved in the boy’s life. When our client commented on the cleanliness of their apartment and questioned the parenting skills of the plaintiff, she went ballistic and filed a TRO against him alleging acts of domestic violence.
One of our defense attorneys appeared for the final restraining order hearing and the trial began. The plaintiff alleged assault and harassment as the predicate acts of domestic violence in this case. However, she was unable to prove to the judge that any acts of domestic violence actually occurred. In fact, the police were called by the defendant when the alleged acts of domestic violence occurred. Then, the plaintiff told the police a very different version of events which was reflected in their police reports than the version she alleged in her temporary restraining order (TRO) application. We subpoenaed the police officers to court to testify and the judge found major credibility issues with the plaintiff’s testimony. As a result, the judge found no acts of domestic violence and no grounds for a permanent restraining order in New Jersey. This was a superior result for our client, who greatly appreciated the services of the Tormey Law Firm LLC.
What if I need a lawyer for a domestic violence case in Bergen County? Contact the Tormey Law Firm
If you or a loved one needs assistance with a domestic violence restraining order in Hackensack, contact the Tormey Law Firm today at (908)-336-5008.