Fight False Allegations of Domestic Violence in Bergen County, New Jersey
Have you been falsely accused of domestic violence in Bergen County? You’re not alone. People find themselves called to court for a final restraining order hearing in Hackensack based on completely fraudulent claims of simple assault, harassment, stalking, and other acts of abuse on a regular basis. Unfortunately, this doesn’t make the potential repercussions of these claims any less serious.
If you are facing a permanent restraining order based on false allegations of domestic violence anywhere in the state of New Jersey, many aspects of your life can be negatively influenced by the outcome of your case. Domestic violence accusations can spell serious legal ramifications and damage much more than your good name. In fact, you can face unintended problems such as losing your job, being forced to leave your home, paying extensive fines, losing custody of your children, paying additional costs for spousal support, child support, or the other person’s legal fees, being subject to reduced visitation or parenting time, having a criminal record, losing your ability to own and possess guns and other weapons, and even being sentenced to prison. Fortunately, if you need help from attorneys with experience successfully defending against false accusations of domestic violence in New Jersey, you’ve come to the right place.
Defending Against False Accusations of Domestic Violence in Hackensack NJ
Although hard to believe, people are erroneously accused of committing domestic abuse against current or former spouses, dating partners, individuals with whom they share a child, family members, and those in the same household virtually every day. In many of these instances, the specific domestic violence accusations are a mechanism for leverage in another case where the defendant and the plaintiff are currently fighting over child custody or visitation, or engaged in a contentious divorce. In other cases, false allegations are raised in retaliation after one person’s decision to end the relationship, ask someone to leave their shared residence, or refuse to acquiesce to the other person’s demands.
Regardless of the scenario, there is limited time to prepare for the final restraining order hearing after a temporary restraining order has been issued. In actuality, you typically have 10 days or less from the issuance of the TRO to build your best defense against false allegations. During the time leading up to the final hearing in Bergen County, you may be prohibited from contacting your children, going back to your house without a police escort at a specified time, and more. Any firearms or weapons will be seized from your possession and if the restraining order becomes permanent, you will lose your constitutional right to possess guns and other weapons moving forward. As such, it is critical to enlist help from a lawyer who can mount a zealous defense strategy if your case proceeds to a trial, or resolve the case with an alternative outcome before a trial ever occurs. We at The Tormey Law Firm do this often, with numerous successful results and highly satisfied clients along the way.
Here is a case we successfully handled for a client in Bergen County with tremendous results. Travis J. Tormey and Christoper Perry of the Tormey Law Firm LLC recently represented a client facing a permanent restraining order at the Bergen County Superior Court located in Hackensack, New Jersey. The temporary restraining order (TRO) was issued based on the predicate act of harassment and the alleged victim wanted to proceed with the final restraining order (FRO) hearing. The plaintiff proceeded “pro se”, meaning that she represented herself and was not represented by an attorney. The defendant hired the restraining order defense attorneys at the Tormey Law Firm LLC to represent him at the trial.
Christopher Perry handled the trial for the law firm. Chris was able to show that Judge that there was not domestic violence in this case. First, the plaintiff listed as “domestic violence” in the temporary restraining order (TRO) that the defendant, her ex-husband, refused to allow their son to attend private school. She also claimed that he blocked her phone calls which did not allow her to get in touch with their son when he was with the father. Needless to say, this is not domestic violence and the Judge found that in her decision. The Judge did find some harassment based on name calling and arguments between the parties regarding their son, but she did not find the second prong under Silver v. Silver, that the restraining order is necessary to protect the safety and well being of the plaintiff. There was no violence in this case, no threats of violence, and there was no need for a restraining order to protect the plaintiff from the defendant. In fact, while the TRO was pending, the alleged victim was using Facetime with her son while he was with his father and trying to communicate with the father despite the fact that any communication is prohibited based on the temporary restraining order (TRO). This was just another example showing the Judge that the plaintiff was not afraid of the defendant. Based on these circumstances, the Judge dismissed the restraining order after the trial. This was the correct result and a very satisfying outcome for our client.
Falsely Accused of Domestic Abuse in Bergen County NJ – Present Your Best Defense
If you or a loved one needs help fighting false domestic violence allegations and handling a restraining order trial in Hackensack NJ, contact our lawyers now for immediate assistance at (908)-336-5008. The initial consultation is always provided free of charge.