Temporary Restraining Order Dismissed after hearing in Bergen County, NJ
Final Restraining Order Defense Lawyers handling cases from Elmwood Park, NJ
Do you need a lawyer to fight a final restraining order case in Bergen County? You’ve come to the right place. Here is a case we handled very successfully for a client in the exact same situation.
Travis J. Tormey of the Tormey Law Firm LLC recently represented a client facing a permanent restraining order arising out of Bergen County in Hackensack, New Jersey. The final hearing was held in the Family Division of the Bergen County Superior Court before a Superior Court Judge. The client was a young professional with a career to worry about and he was also a lawful firearms owner so, if the final restraining order was issued, he would be forced to forfeit his weapon as well as his firearms ID card.
The client and his girlfriend had been dating for several years and lived together for the last year. The relationship was deteriorating and there were a number of verbal arguments that led to a break up. However, the plaintiff was very clear that there was never any physical violence but she said she was afraid because she knows that he owns a gun. She had also been physically abused by her ex-husband which caused her to be very fearful and sensitive to these issues (even if there was no logical basis for that fear). In addition, after the verbal argument that led to the break up, both parties remained in the apartment together and slept in the same bed before she filed the restraining order against him the next day.
After hearing the testimony of both parties, the Judge dismissed the final restraining order finding that there was no domestic violence here based on their verbal arguments and that there was no need issue a restraining order to protective her safety and well being. Although this plaintiff was actually scared based on her prior history with her ex-husband, this was not reasonable and the standard is an objective reasonable person standard under the law. Thus, even though she may be afraid, the Judge found that a reasonable person in her shoes in this relationship (not considering the prior history with her ex-husband) would not be afraid and need the protection of the courts.
Fight False Allegations of Domestic Violence in Elmwood Park with the Tormey Law Firm LLC
This was the correct result and a satisfying one for our client. We are now in the process of trying to get his firearm and his gun permit returned to him from the Bergen County Prosecutor’s office.