Restraining Order Necessary to Protect Safety/Well Being
Need a Restraining Order For Protection in NJ? Call Us Now
The third and final prong that a Plaintiff must prove by a preponderance of the evidence in order to obtain a final restraining order in New Jersey is that the restraining order is necessary to protect their safety and well-being and that a reasonable person in their position would be in fear for their safety.
The NJ restraining order defense lawyers at the Tormey Law Firm LLC represent clients pursuing and facing a permanent restraining order in New Jersey. Our experienced domestic violence defense attorneys have been recognized as legal resources by the Daily Record, Bergen Record, Star Ledger and CBS radio. If you or a loved one needs assistance filing or fighting a permanent restraining order in NJ, you’ve come to the right place. Our lawyers handle restraining order cases throughout NJ including in Kearny, Secaucus, North Bergen, and Weehawken. Contact us today for immediate assistance at (908)-336-5008. The initial consultation is always provided free of charge.
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“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.”
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Element #3 to Obtain a Restraining Order in NJ: Restraining Order Necessary to Protect Safety/Well Being
There are three main elements a plaintiff is required to prove to obtain a permanent restraining order in NJ. The first is a showing of a predicate act of domestic violence occurred. This is essentially the incident that gave rise to the filing of the temporary restraining order (TRO). As long as one act of violence is shown, whether it be harassment, assault, terroristic threats, or stalking, that is sufficient to satisfy that element of proof.
The second is a showing of a past history of domestic violence between the parties. This is required is most cases except where the act of violence is so egregious such as a violent assault or stabbing. In that case, no past history of violence is necessary to obtain a permanent restraining order.
The third and final element the plaintiff must prove is that the restraining order is necessary to protect their safety/well being.
The standard is whether a reasonable person in the plaintiff’s shoes would be fearful and would need a restraining order to protect them. So, just because the plaintiff may be afraid of the defendant is not sufficient. The plaintiff must show that a reasonable person in their shoes would be afraid of the defendant and, therefore, that they require the protection of the courts through a final restraining order.
Therefore, evidence must be shown as trial to show that the Plaintiff is in fear for their safety and they have a right to be. This evidence can include threats of violence, text messages, voicemails, emails, pictures of injuries, and that this violence will continue if the final restraining order is not issued.
Even in harassment cases, a plaintiff has a right to be left alone eventually. But it has to be a clear and long pattern of harassment to satisfy this element. One or two instances of name calling or swearing at the plaintiff is not usually enough to show harassment and the need for the protection of the court.
If a plaintiff can prove all three elements at trial, the final restraining order (FRO) will be issued.
I need a restraining order to protect myself New Jersey
For additional information or assistance with a restraining order in NJ, contact the Tormey Law Firm for a free consultation at (908)-336-5008. Our restraining order defense lawyers are available immediately to assist you.