Plaintiff Alleged Harassment and Cyber Harassment

Judge Dismissed the Case After Final Restraining Order Hearing in Newark, NJ

Cyber Harassment Domestic Violence Lawyers NJ

Has a cyber harassment restraining order been filed against you in Essex County? Do you need a lawyer to fight these false allegations of domestic violence at your trial in Newark? We are here to help.

The domestic violence lawyers at the Tormey Law Firm LLC recently represented a client facing a final restraining order (FRO) in the Essex County Superior Court located in Newark, NJ. The plaintiff obtained a temporary restraining order (TRO) after alleging predicate acts of domestic violence including harassment and cyber harassment. She also alleged a prior history of domestic violence including prior assaults and terroristic threats. She asked the court to enter a final restraining order against the defendant because she was in fear for her safety. The defendant was facing a permanent restraining order in NJ which never expires. In addition, he would be fingerprinted, placed in a statewide database for domestic violence offenders, is prohibited from owning or possessing firearms, and could be ordered to attend domestic violence counseling.

Proving Cyber Harassment at a New Jersey Restraining Order Trial

The plaintiff obtained an attorney and the defendant hired the Tormey Law Firm and the trial began before a family judge in Newark NJ. The plaintiff attempted to enter lots of irrelevant evidence and documents relating to money that was supposedly taken from a joint bank account. Brent DiMarco, one of our domestic violence lawyers, objected to this evidence being admitted and the judge agreed and disregarded that evidence. Based on this, the plaintiff and her attorney decided to voluntarily dismiss the case before the defendant even had to testify.

Cyber Harassment is recently created crime under New Jersey law. The statute that governs cyber harassment, NJSA 2C:33-4.10, states that this offense occurs if a person makes a communication online with the purpose to harass another individual and the communication is threatening, lewd, indecent, or obscene. Typically, this is graded as a fourth degree felony in New Jersey punishably by 18 months in New Jersey state prison and a $10,000 fine.

Essentially, cyber harassment has the same elements as harassment but the communication must be made online. In this case, the Plaintiff failed to prove any predicate acts of domestic violence and the case was dismissed. In addition to proving a predicate act of domestic violence, she also had the burden to show a prior history of domestic violence and that she is reasonable to be in fear of the defendant and need the protection that a restraining order provides.

I need a lawyer for Domestic Violence Cyber Harassment Case NJ

This was a great result for our client and the Tormey Law Firm LLC. If you or a loved one needs assistance with a domestic violence restraining order in Essex County NJ, contact our offices today at (908)-336-5008. The initial consultation is always provided free of charge.