Englewood Domestic Violence Restraining Order Attorneys

Assisting Clients with Temporary and Final Restraining Orders in Bergen County, NJ

Domestic Violence Restraining Orders in Englewood NJ

Has a temporary restraining order been filed against you in Englewood, New Jersey? Do you need help fighting false allegations of domestic violence in Bergen County? Not sure what to expect at a Restraining Order hearing?  Call The Tormey Law Firm today so we can help you navigate this process. Our legal team can assist you immediately by calling (908)-336-5008.

One of our experienced New Jersey restraining order lawyers at the Tormey Law Firm LLC. recently represented a client who had a Temporary Restraining Order (TRO) issued against him by a woman he had been dating. The alleged victim asserted that our client had struck her repeatedly, unlawfully imprisoned her in his home, and criminally restrained her over a period of approximately ten hours. As a result, the alleged victim claimed that she was in fear for her safety from our client and needed a Final Restraining Order (FRO) for her protection as permitted by the New Jersey Prevention of Domestic Violence Act. The case was heard at the Bergen County Superior Court located in Hackensack, New Jersey.

Following a five-day trial that included testimony of five witnesses and dozens of exhibits entered into evidence, attorney Christopher Perry was able to successfully defend our client from the false allegations made against him. Over the course of the trial, Mr. Perry introduced evidence showing numerous occasions where the victim had previously threatened our client. Mr. Perry effectively argued that the events alleged by the victim did not actually occur the way she described. The Judge agreed, finding that the victim did not need a restraining order to protect herself from our client. This was a great outcome for our client and another win for the Tormey Law Firm.

What Happens After a Temporary Restraining Order is Issued in Englewood NJ

Approximately ten days after the issuance of a temporary restraining order, parties will appear in the Bergen County Superior Court to provide explanation and present arguments favoring his or her position on the matter.  Sometimes, a plaintiff may want to dismiss a restraining order.  If that is the case, the plaintiff may do so, but the Court does ensure that said dismissal is voluntarily.  If the plaintiff wishes to proceed with a trial, sometimes parties can request an adjournment to consult with legal counsel.

It is important to examine all aspects of the parties’ relationship so that whether you are the plaintiff or the defendant, you have a strong case. In either scenario, parties can utilize witnesses to provide testimony and obtain expert opinion. Parties are further allowed to subpoena witnesses or documents, including, but not limited to phone records or other related materials, to present at trial.  In addition to records and testimony, evidence can be presented to the Court by proffering photos, text messages, social media posts, medical records related to injuries, voicemails and more.

In this case, the plaintiff and the defendant had two completely different versions of events with regards to what happened. When that is the case, the Judge, who hears all the testimony and examines all of the evidence presented, must make a credibility finding which states essentially which party he or she believes is telling the truth and which party is lying to the court. A key component of this is cross-examination. The parties (if they represent themselves) have an opportunity to question to other party after they testify and show the Judge that their story doesn’t make sense and attack any inconsistencies. If they have an attorney, the lawyer will do this for them. That’s why it’s imperative that you hire an experienced attorney in handling domestic violence cases and cross-examinations so they can provide you the best possible chance to win your case.

After hearing testimony and reviewing the evidence, the judge will make a determination based on plaintiff meeting his or her burden of proof.  If the judge finds that the plaintiff meets the burden, it is more likely than not that the restraining order will be issued.  This means there is no contact and visits between parties.  If, on the other hand, the defendant successfully defends against the allegations and disproves plaintiff’s arguments, the judge will likely dismiss the restraining order. Upon dismissal, there are no restrictions on the parties regarding communications, etc.

How does a Victim get a Restraining Order in Englewood, New Jersey?

Wondering how someone goes about getting a restraining order in Englewood, New Jersey?  The first step toward placing a restraining order on another party is to visit the Bergen County Superior Court during the Court’s normal hours of operation, which is 8:30 am to 4:30 pm Monday through Friday.  The Superior Court is located at 10 Main Street, Hackensack, New Jersey 07601.  If a plaintiff needs a Restraining Order after the Court’s hours of operation, the Englewood Police Department is located at 75 S Van Brunt Street, Englewood, New Jersey 07631 and an individual can go there for assistance. Victims of domestic violence also have the option to request a restraining order at the local Englewood Municipal Court, located at 73 South Van Brunt Street, Englewood, NJ 07631, during normal court operating hours. Once a temporary restraining order has been issued, the defendant accused of domestic violence must be served with the order, which lists the alleged acts of domestic abuse, the date and time of the final restraining order hearing, and any relief ordered by the court.

Should a plaintiff visit the Court to file this complaint, a member of the domestic violence unit can assist a plaintiff with said filing.  At the police department, however, a police officer will assist a plaintiff with filing a complaint.  It is strongly advised to get an attorney to guide you through this process so that you understand the implications of what you are facing as either a plaintiff or defendant.

Fight False Allegations of Domestic Violence in Englewood NJ

A Final Restraining Order can have serious repercussions for the person against whom it is filed. Restraining orders can come up when an employer or potential landlord runs a background check, they prohibit a person from owning weapons or obtaining them in the future, and may have other consequences beyond simply preventing any contact with the protected person. It is absolutely imperative that a person facing a restraining order contact a lawyer that understands how to effectively fight these types of cases. Free consultations provided at (908)-336-5008.