Somerville Restraining Order Dismissed by Judge
Restraining Order Lawyers in Somerville, New Jersey
Lawyer needed for domestic violence case in Somerville? We can help.
Here is an example of a Somerset County NJ restraining order dismissed by judge thanks to the Tormey Law Firm LLC. Travis J. Tormey recently represented a client facing a permanent restraining order in Somerset County Superior Court in Somerville NJ. The client was also facing criminal charges for simple assault based on the allegations made by his ex-wife. If the final restraining order was issued, the client was facing a permanent restraining order along with fingerprinting, restricted travel, and being placed in a database for domestic violence offenders. He would also be prohibited from owning or possessing firearms.
Criminal Charges and a Restraining Order in Somerville NJ
A restraining order and criminal charges in New Jersey and two totally separate and distinct cases that have nothing to do with each other except the underlying alleged incident of domestic violence. The restraining order is handled in the Family Division of the Superior Court before a Superior Court Judge. The plaintiff can dismiss the case, attempt to negotiate a settlement agreement, or proceed to trial to try and get a final permanent restraining order. The case is civil in nature so the standard of proof is by a preponderance of the evidence which is a 51% standard of proof. The parties can have attorneys represent them or they can represent themselves. They can admit evidence such as their own testimony, witness testimony, videos, pictures, police reports, phone records, etc. Then, the Judge will determine if a permanent restraining order should issue. If the case is dismissed, there is no record and the parties can go about their lives. If it is issued, the defendant can’t have any contact with the plaintiff at all moving forward or they will be arrested and charged criminally with contempt of court.
A simple assault criminal case is a misdemeanor criminal charge punishable by a $1,000 fine, up to six (6) months in the county jail, probation, and a permanent criminal charge on your record. The simple assault charge will be prosecuted by the State in the local Municipal Court. The burden of proof is, as for all criminal cases, beyond a reasonable doubt.
What happened in this case when you appeared in court?
With regards to the restraining order, the alleged predicate act of domestic violence surrounded the pick up and drop off of the parties children. This is not unusual in restraining order cases. The alleged victim testified that the defendant assaulted her during an argument at the pick up and drop off point. She had no other proof besides her testimony including no witnesses and no pictures of an alleged injuries. Then, the defendant testified that he did not assault her in any way and, in fact, the only contact made was the alleged victim shoving him during the argument. In addition, the defendant’s girlfriend also took the stand and corroborated his version of events.
Based on this testimony, the judge dismissed the restraining order and found that no predicate act of domestic violence had occurred. This was the appropriate result and the client was extremely satisfied with the services of Mr. Tormey and his law firm.
Once the restraining order was dismissed on a civil standard of proof, the Municipal prosecutor knew that he could not win the criminal case and prove the charges beyond a reasonable doubt. As a result, the simple assault charge was also dismissed. Since the simple assault is a criminal charge and the defendant was arrested, we needed to file an expungement to have this arrest removed from his record which we did.
Somerville Final Restraining Order Defense Attorneys
If you or a loved one needs assistance with a permanent restraining order in Somerset County NJ, contact the Tormey Law Firm for help. Our attorneys are available immediately to assist you at (908)-336-5008 and the initial consultation is always provided free of charge.