NJ Restraining Order Dismissed by Judge after Trial
Restraining Order Defense Lawyers with offices in Hackensack, Morristown, Newark NJ
Travis J. Tormey recently represented a client facing a final restraining order (FRO) in the Bergen County Superior Court in Hackensack, New Jersey. The client had no prior criminal history and was not a United States citizen. As a result, if a permanent restraining order was issued against him, it would have severe long lasting implications with regards to his immigration status. In addition, the client would be fingerprinted, placed in a statewide database for domestic violence offenders, and would be prohibited from owning firearms. As a professional with multiple masters degrees and a corporate job, this would have been devastating for the client.
The restraining order was filed by the client’s roommate. They were essentially house mates who were renting rooms in the same home as young professionals. There was a disagreement about certain household chores and where personal property should be kept in the home which resulted in a verbal dispute. The allegation was that our client pushed the plaintiff and that the plaintiff was baiting the defendant to hit him to which he refused. The police were not called to the scene and the plaintiff waited until the next day to file for the temporary restraining order (TRO).
Mr. Tormey was able to convince the judge at trial to dismiss the restraining order. There was no domestic violence here. In addition, there was no prior history of domestic violence. Finally, the plaintiff was a large man and was clearly not in fear for his safety. Lastly, the plaintiff testified that he had restraining prior restraining orders against other roommates who lived with him. He was clearly using the restraining order system as a sword rather than a shield and turning Family court into landlord/tenant court by evicting roommates who he did not get along with. This is not what restraining orders are designed to do and the judge agreed.