Elizabeth Restraining Order Lawyer
Handling Temporary and Final Restraining Order Cases in Union County, New Jersey
Do you need a lawyer to fight for you in court on a restraining order hearing in Union County? You’ve come to the right place. Here is a case we successfully handled for a client in Elizabeth with great results.
The Union County NJ restraining order lawyers at the Tormey Law Firm LLC represented a client recently who was facing a final restraining order (FRO) in Elizabeth, New Jersey. The client was a man with no prior criminal history who lived with his significant other for years and they have two children together, although they were never married. The client’s partner was a heavy drinker and when she was intoxicated she would attack him during their arguments. Then, she would claim that he was assaulting her and call the police.
This time, she filed a temporary restraining order (TRO) against him which forced him out of his house and prevented him from seeing his children. If a final restraining order was granted in this case, the client would be permanently removed from the home, fingerprinted and placed in a statewide database for domestic violence offenders, prohibited from owning or possessing firearms, and this restraining order would be permanent in nature and would never expire.
Luckily, the client retained the Tormey Law Firm to represent him at the final restraining order hearing. The hearing was conducted in the Family Division of the Union County Superior Court in Elizabeth and consisted of five (5) days of trial. Police officers and other witnesses were subpoenaed to testify before the Judge and both the plaintiff and defendant gave their versions of events.
Burden of Proof in NJ Restraining Order Trials
The Plaintiff goes first in a restraining order hearing and has the burden of proof – by a preponderance of the evidence – to show that an act of domestic violence occurred, a prior history of violence exists, and the plaintiff needs the protection of the court that a final restraining order brings. The Plaintiff can testify and tell the Judge what happened. In addition, they can offer evidence such as witnesses, emails, text messages, phone records, police reports, hospital records, pictures of injuries, etc. to prove their case. Once the plaintiff is finished, the defendant (or their attorney) can cross examine the Plaintiff and try to attack their proofs and the evidence presented.
Then, the Defendant has an opportunity to testify (if they wish) and admit evidence but they don’t have to. A defendant does not have to prove anything at trial, that is the Plaintiff’s responsibility and burden. When both parties have finished putting on their case, the Judge will consider all of the evidence and determine whether or not to issue a final restraining order.
In this case, finally, after the long final hearing, the Judge dismissed the restraining order and found that no predicate act of domestic violence occurred. The Judge questioned the plaintiff’s credibility and motives and found her testimony to be unreliable.
Restraining Order Dismissed in Union County NJ
This was a great result for our client and the Tormey Law Firm. If you or a loved one needs assistance with a final restraining order matter in Union County NJ or anywhere in New Jersey, contact our offices now for immediate assistance at (908)-336-5008. The initial consultation is always provided free of charge.