Prior History of Domestic Violence in Restraining Order Cases
Restraining Order Lawyers in Newark, NJ
One of the elements a plaintiff must show in order to obtain a temporary or final restraining order in New Jersey, is that there is a prior history of abuse and domestic violence between the parties. However, if the alleged predicate act of domestic violence is extremely egregious such as broken bones or stabbing or sexual assault, then no prior history is necessary in order to obtain a permanent restraining order.
If you or a loved one needs assistance with a restraining order in NJ, the Tormey Law Firm LLC can help. Our restraining order defense lawyers represent clients on a daily basis charged with restraining orders in almost every county in NJ. In fact, Mr. Tormey has been recognized as a legal resource with regards to domestic violence and has been cited in several NJ newspapers and appeared on CBS Radio regarding same. As a result, our lawyers are extremely knowledgeable and seasoned with regards to restraining order cases and are able to assist you immediately at (908)-336-5008. The initial consultation is always provided free of charge.
Here is a review from one of our many satisfied restraining order clients:
“Case dismissed with Data Driven Facts”
Posted by Shoubhik
“Travis dealt my case with passion, professionalism and punctuality. The flat fee was very reasonable for the amount of effort that had to be put in the case (4 hearings). Travis helped me arrange all the data I had gathered for my defense. His thoroughness with my case and his knowledge of the law were quite evident when he presented the closing summary in front of the judge. I would highly recommend him to prospective clients.”
To hear more about what our clients have to say about us, please see our client reviews page.
Element #2 to Obtain Restraining Order in NJ: Prior History of Domestic Violence
One of the main elements in order to obtain a final restraining order (FRO) in New Jersey, is showing a prior history of domestic violence. This is typically the second of the three elements required. The first is a predicate act of domestic violence, (i.e. harassment, stalking, assault, terroristic threats, etc.). The predicate act is essentially the main incident that gave rise to the restraining order. The second element is a showing of a past history of domestic violence as well. Now, if the predicate act is so egregious and serious it can sometimes alleviate the need to show a prior history of domestic violence. However, in most cases a prior history of domestic violence is necessary to obtain a permanent restraining order. If the plaintiff is successful in showing a predicate act and a prior history of domestic violence, the third and final element is a need for the restraining order to protect the victim from further acts of domestic violence.
Some evidence that many be entered to show a prior history of domestic violence can include:
- Police reports
- Hospital records
- Text Messages
- Eyewitness testimony
This evidence will be entered by the plaintiff during their case in chief. The judge will then determine if they have met their burden of proof which is “by a preponderance of the evidence” in a civil case.
Passaic County Restraining Order Lawyers: The Tormey Law Firm LLC
For additional information regarding restraining orders in NJ, contact the Tormey Law Firm at (908)-336-5008 for a free initial consultation. Our restraining order defense lawyers are available immediately to assist you.