Judge Dismisses Restraining Order After Trial in NJ
NJ Restraining Order Defense Attorneys with offices in Hackensack, Morristown, Newark NJ
Travis J. Tormey recently represented a client facing a final restraining order (FRO) at the Somerset County Superior Court in Somerville, New Jersey. The client had no prior criminal history and was a young professional with a corporate job. In addition, the client was not a United States citizen and was present in the US on a green card (known as a permanent resident). If the permanent restraining order was granted by the Judge, the client could have been deported from the country and lost his immigration status. In addition, he would have been fingerprinted, placed in a statewide database for domestic violence offenders, and would be prohibited from owning firearms.
Mr. Tormey represented the client during the lengthy trial at the Somerville court. The plaintiff made all sorts of outlandish accusations including physical and sexual abuse. Unfortunately for her, she did not have any evidence of this abuse to prove it in court. She had no pictures of injuries, no hospital visits, no witnesses, no text or voicemail messages to corroborate her story. Mr. Tormey painted a very different picture for the court which turned out to be the reality (after the trial was over some new evidence emerged). The parties were married based on an arranged marriage and the plaintiff never wanted to marry the defendant. However, in her culture she could not just divorce the defendant because she didn’t like him or wasn’t attracted to him. Her family would not allow it. As a result, she made up all the abuse in order to “save face” and convince her family that divorce was her only option. In addition, her phone records showed that she was talking to a male “friend” from college for 3-5 hours a day while her husband was at work. Mr. Tormey argued that “friends” don’t talk that long on the phone daily and that there was obviously romantic involvement going on. The plaintiff denied it and lid under oath on the stand to the judge. The judge dismissed the restraining order.
A few months later, the plaintiff moved back to India and married her “friend” that she was involved with during her marriage. Thankfully the judge didn’t buy her story and penalize the defendant for the rest of his life.