False Restraining Order Dismissed Hudson County NJ
Attorney Needed for Restraining Order Trial in Jersey City? Contact Us
Do you need a lawyer for a restraining order in Hudson County? Were you arrested and charged with a criminal offense as well? We can help.
The Tormey Law Firm LLC was recently retained to represent a defendant who was facing a disorderly persons domestic violence criminal charge under N.J.S.A. 2C:12-1A for simple assault as well as a temporary restraining order (TRO) in the Hudson County Superior Court located in Jersey City, NJ. The criminal charge was allegedly committed in Kearny so that misdemeanor offense was prosecuted in the Kearny Municipal Court. On a disorderly persons offense, the client was facing a $1,000 fine, up to six (6) months in the Hudson County Jail, probation, and a permanent criminal charge on his record. In addition, because it is a domestic violence charge, it could effect his ability to own and possess firearms.
In addition, the client was facing a temporary restraining order which was scheduled for a final restraining order (FRO) hearing. If entered, this restraining order is permanent and never expires. The defendant must be fingerprinted, placed in a statewide database for domestic violence offenders, can’t own or possess firearms, etc. It also could effect the defendant’s immigration status if he or she is not a United States citizen.
Negotiate Settlement Agreement for Restraining Order and Divorce
In this case, the parties were married and had two young children. They decided to get a divorce. Luckily, both the plaintiff and the defendant hired attorneys and were able to settle these matters under a civil restraints agreement. The plaintiff agreed to dismiss the temporary restraining order (TRO) and to tell the prosecutor in Kearny NJ that she did not want to testify on the criminal charges as well. The parties entered a civil agreement under their divorce docket number which outlined property issues, child support, visitation, and child custody temporarily while the divorce is proceeding through the court system.
A civil restraints agreement is a great way to resolve these cases for both parties. It provides a record that the Plaintiff wants to be left alone and how the parties should communicate (if at all) moving forward. It also guarantees the Plaintiff that something will be in place moving forward because if the trial proceeds and the case is dismissed then there is no protection or agreement in place. On the other hand, it also allows the Defendant to avoid a final restraining order and the serious consequences that come along with that.
I need a restraining order attorney in Hudson County NJ
As a result of this settlement agreement, the TRO was dismissed in Jersey City. Then, we appeared in the Kearny Municipal Court and the simple assault disorderly persons criminal charge was dismissed as well. 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 case in Hudson County or anywhere in New Jersey, contact our offices anytime for a free initial consultation at (908)-336-5008.