Harassment Temporary Restraining Orders in NJ

Domestic Violence Lawyers in Hackensack, New Jersey

Bergen County NJ Restraining Order Trial Lawyers

Do you need to file a temporary restraining order in Bergen County? Do you need to fight false allegations of domestic violence that have been issued against you? We can help. Here is a real restraining order matter we successfully handled in Hackensack for one of our clients.

Harassment Restraining Order Filed Against Me

The Bergen County NJ restraining order lawyers at the Tormey Law Firm represented a client recently who was facing a temporary restraining order (TRO) at the Bergen County Superior Court (Family Division) in Hackensack, New Jersey. The client’s ex-girlfriend filed the restraining order against him alleging harassment under N.J.S.A. 2C;33-4. Our client is not a United States citizen so the issuance of a final restraining order (FRO) could seriously impact his ability to remain in this country. He is a business owner in Bergen County and his removal would be devastating to his life and the community. In addition, he would be fingerprinted, placed into a statewide database for domestic violence offenders, and prohibited from owning firearms.

Temporary Restraining Order (TRO) Filed in Bergen County Court, Family Division in Hackensack, NJ

In this case, the plaintiff filed the restraining order out of spite and revenge because our client ended the relationship. She then got rid of his stuff (donated some of it and threw some of it out). He reacted and knocked a glass on the ground and walked out of the coffee shop that they were meeting to discuss the return of his property.

We appeared in court in Hackensack at the first listing and the Plaintiff made it clear that she did not want to discuss any potential settlement or a dismissal. Sometimes, we are able to negotiate a settlement in these cases known as “civil restraints” which is a contract between the parties where they detail how they will communicate in the future (if at all) and can address other outstanding issues such as division of property, leases, living arrangements, child custody and visitation and even child support. In this case, the Plaintiff was not interested in discussing a potential settlement so the case was rescheduled for trial.

Final Restraining Order (FRO) Trial at the Bergen County Court, Family Division in Hackensack, NJ

We appeared in person for a final restraining order (FRO) hearing where the Plaintiff has the burden of proof. She must prove the following:

• A predicate act of domestic violence occurred
• A prior history of domestic violence between the parties
• The Plaintiff is in fear for their safety and is reasonable to be in fear and needs the protection that a restraining order provides

All of these elements must be proven by a preponderance of evidence which is more likely than not or a 51% standard of proof. The Plaintiff will testify and then admit any evidence she has which can include the following:

• Text messages
• Voicemails
• Emails
• Videos
• Photos of injuries or damage to property
• Police reports
• Hospital records

In this case, the Plaintiff testified and the Judge found that no predicate act of domestic violence was committed. In addition, she ruled that there was no need for a restraining order in this case and moving forward. The plaintiff was clearly not afraid of him. In fact, she suggested they meet in person that day and she asked him to watch a movie with her and her son two days before the alleged domestic violence incident. This is not the behavior of someone who has been abused or is in fear for their safety. The Judge agreed and completely dismissed the restraining order against our client.

Experienced Restraining Order Lawyer Needed to Fight for You

This is why it is crucial you hire an experienced restraining order attorney to fight for you at trial. In this case, our client hired Travis Tormey who has literally handled hundreds of domestic violence hearings in Bergen County over the years with tremendous success. After an extensive meeting with Mr. Tormey to review the evidence which included emails, text messages, etc. it became clear to our lawyers what the defense strategy should be for trial. Mr. Tormey was able to convince the Judge that the plaintiff was not afraid of the defendant and had in fact initiated the meeting and was not behaving in the way a person would act who is in extreme fear of someone. Based on his extensive experience and knowledge of the facts in this case and New Jersey law, he was able to achieve the best possible outcome in court – a win at trial and a complete dismissal of the restraining order.

Fight a False Restraining Order in Bergen County NJ with the Tormey Law Firm

This was a tremendous result for our client and the Tormey Law Firm LLC. If you or a loved one needs assistance with a domestic violence matter in Bergen County NJ, contact our offices anytime at 254 state street in Hackensack. The initial consultation is always provided free of charge at (908)-336-5008.