Branchburg Domestic Violence Defense Lawyers
Restraining Order Defense Attorneys in Branchburg, NJ
Do you want to file a restraining order in Somerset County? Do you need representation to fight a false restraining order in Somerville? You’ve come to the right place.
What happens when a temporary restraining order (TRO) is issued?
After a Judge issues a temporary restraining order, the defendant must be served with the paperwork so they have notice of the domestic violence allegations against them and they have notice of the hearing date which is listed on the restraining order. In most cases, the final restraining order hearing is scheduled within 10 days of the issuance of the TRO. At that time, the plaintiff can dismiss the case or proceed to trial.
Here, the parties resided in Branchburg where the allegations of domestic violence occurred. As a result, the restraining order case was properly venued at the Family division in the Somerset County Superior Court in Somerville, NJ. 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 lied under oath on the stand to the judge.
The Judge is the trier of fact in restraining order cases and listens to all of the evidence including the testimony of the parties and then renders a decision. The Judge did not find the domestic violence allegations made by the plaintiff credible and therefore could not issue a final restraining order (FRO) against the defendant. The judge dismissed the restraining order.
NOTE: Once a restraining order is dismissed, there is no record of it that will appear on a background check or anywhere else. As a result, there is nothing to expunge. However, if you were arrested for criminal charges or for violating the restraining order, then there is a record of the arrest and you would need an expungement to have that removed and cleaned.
I need help with a restraining order case in Branchburg NJ
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.
If you or a loved one needs assistance with a domestic violence case in Somerset County NJ, contact our office anytime for a free initial consultation at (908)-336-5008.