Morristown Restraining Order Dropped
Restraining Order Trial Attorneys with offices in Morristown, NJ
Here is an example of a Morristown restraining order dropped thanks to the Tormey Law Firm LLC. Travis J. Tormey recently represented a client and helped the client get a restraining order dismissed in Morris County Superior Court in Morristown, New Jersey. If you or someone you love is in need of assistance with a restraining order case in Morristown, please do not hesitate to contact us today. Our attorneys are available immediately to assist you at (908)-336-5008, and the initial consultation is always provided free of charge.
The client in this Morris County domestic violence case was subject to a permanent restraining order after an alleged incident that involved his ex-girlfriend. A superior court judge initially issued a temporary restraining order (TRO) and then scheduled a hearing to determine whether a final restraining order (FRO) should be issued. Before the date of the FRO hearing, the client contacted the Tormey Law Firm and enlisted Mr. Tormey’s assistance.
The basis for the TRO was an allegation by the client’s ex-girlfriend, who claimed that he had stalked and harassed her. For example, the plaintiff alleged that our client went her place of work. She also alleged that our client put false information about her online.
The plaintiff was also represented by legal counsel when she appeared in court for the FRO hearing. At the hearing, Mr. Tormey successfully argued that there was a lack of evidence of domestic violence in the case. As a result, Mr. Tormey was able to persuade the plaintiff to agree to dismiss the TRO and enter into civil restraints with the client. A civil restraint is essentially a consent order that applies to both parties. It means that the parties agree to have no further contact with one another. This was a very satisfying result for the client and our law firm. The client was able to avoid a permanent restraining order which would effect him for the rest of his life.
Obviously, not every case should result in a dismissal. We also represent victims who are in need of restraining orders for their own protection. Our knowledge of the law in the realm of domestic violence and extensive experience with the legal process of temporary and final restraining orders allows us to provide superior representation for plaintiffs and defendants in restraining order cases in Morristown and throughout New Jersey. Whatever side of the case you find yourself on, we are thoroughly prepared to assist you.
What if I Need a Restraining Order in Morristown, New Jersey?
A restraining order may be issued in two ways. The first way is to contact or visit the Morristown Police Department, who can be reached at (973) 538-2200 and their address is 200 South Street, Morristown, NJ 07963. The second way is to visit the Morris County Superior Court located at 56 Washington Street, Morristown, NJ 07960. In both instances you will have the opportunity to speak to a judge to explain why you need an order of protection. At that point, you can ask the judge for support and other forms of relief. Please keep in mind, the judge does not know your circumstances. There is no set law, rule, regulation, or policy that tells the judge if you are granted a restraining order, you should also be awarded a fixed amount of support or other types of specific orders particular to your case.
Thus, when asking for any type of support or relief, you need to articulate to the judge what you need and why. For instance, if the defendant is primarily responsible for providing the family’s health insurance and paying for the expenses associated with the house, it is important that you inform the judge. Otherwise, he or she has no way of knowing and can’t order that the defendant maintain the insurance policies and continue to pay for the home. Similarly, if you share children and believe the defendant poses a risk to your child, it’s important to express to the judge that you believe that any contact with your child may be harmful and consequently, you desire that parenting time be suspended or supervised.
Judge Ordered Support in a Morristown Restraining Order Case, Can it be Changed?
Yes. If you are the defendant and are served with a temporary restraining order that suspends parenting time and orders you to pay a large sum of money in support, the order can be amended. Following the issuance of a temporary restraining order, the parties are required to appear in court in 10 days. There, you can request that the judge modify the current restraints and monetary provisions. However, please note, you cannot simply say to the judge, please change the order because it is unfair. You must present proof that the orders are wrong in some fashion. It is important to acknowledge that restraining orders are deemed emergent and thus, the courts cannot wait to take action. This is why when a temporary restraining order is issued, the defendant is not notified until after the fact. There is no time to contact the defendant and listen to his or her version of the events.
With that in mind, when the judge entered the original order in the first instance, he or she only heard from the plaintiff and moreover, it is very unlikely that the judge reviewed any documents to support the claims. As such, when you appear in court, you need to be prepared to show the court definitely why the order is erroneous. Bring to court paystubs, taxes, and bank statements. Additionally, be prepared to argue why your children are in no way at risk if you see and interact with them. An experienced restraining order attorney in Morristown can help you prepare and present the most compelling case to remove current orders.
False Allegations of Domestic Violence? Contact the Tormey Law Firm Today
If you or a loved one needs assistance with a permanent restraining order in Morris County NJ, contact the Tormey Law Firm for help. Our attorneys are available immediately to assist you at (908)-336-5008 and the initial consultation is always provided free of charge.