Restraining Order Lawyers in Morristown NJ
Stalking as a Predicate Act of Domestic Violence
Stalking: A predicate act of domestic violence in New Jersey. Stalking is a serious felony criminal charge in New Jersey but it can also be a predicate act of domestic violence in a civil restraining order matter filed in the Family Division of the Superior Court. Stalking requires a course of alarming conduct such as following someone, threatening them, etc.
The restraining order defense lawyers at the Tormey Law Firm LLC have successfully handled restraining order cases in practically every county in New Jersey. In fact, Mr. Tormey has been recognized as a top trial lawyer under 40 years of ago by the National Trial Lawyers Association and by the National Association of Criminal Defense Lawyers. In addition, Mr. Tormey has been cited by numerous publications as a legal resource on domestic violence including appearing on CBS Radio concerning the Ray Rice aggravated assault domestic violence case in New Jersey. If you or a loved one is in need of legal assistance regarding a restraining order matter in NJ, you’ve come to the right place. Contact our offices anytime for immediate assistance at (908)-336-5008. The initial consultation is always provided free of charge. We represent clients throughout NJ including in Chatham, Randolph, Mendham, Parsippany, Jefferson Twp., and Washington Twp.
Here is a review from one of the many satisfied restraining order clients of the Tormey Law Firm:“The Best Attorney”5.0 starsPosted by anonymous“As most can attest, having to defend yourself in court is not always a pleasant experience and at best you’re hoping for a positive outcome. In the case of TRO defenses, positive outcomes can be put into three categories:
1) Good – Plaintiff dismisses TRO with conditions w/o trial
2) Better – Case dismissed after judge listens to both parties
3) Best – Case dismissed after Plaintiff’s testimony w/o Defense testimony
My personal experience was that Tom was able to get me the “BEST” possible outcome by having my case dismissed without Defense testimony. His knowledge of the law is impeccable and trust me on this one, being smart and knowing the law are two different things. Tom’s knowledge of the law is what ultimately got my case dismissed without me saying a word in court.”
Predicate Acts of Domestic Violence in NJ: Stalking
Stalking in New Jersey is a criminal charge governed under N.J.S.A. § 2C:12-10. As set forth by the statute, Stalking is a felony crime that may be charged if a person engages in a course of conduct in which he or she repeatedly maintains a visual or physical proximity to a person or repeatedly conveys verbal or written threats. As defined by the statute, “repeatedly” means on two or more occasions.
Proving Stalking in a Restraining Order Trial
NOTE: It is important to remember that, although stalking is a criminal charge and we use the criminal statute under N.J.S.A. 2C:12-10, the plaintiff must only establish the civil standard of a “preponderance of evidence” in a restraining order case because a restraining order is civil in nature. Preponderance of evidence is a “more likely than not” standard so the plaintiff must establish 51% that the offense was committed and that is sufficient in a civil case.
It is also important to remember that stalking requires a course of conduct. Therefore, one incident of following or tracking a person is not sufficient to establish the predicate act of stalking. It may be sufficient for a single act to establish the predicate act of harassment, on the other hand, but stalking requires multiple incidents.
For more information, contact the Tormey Law Firm LLC for immediate assistance at (908)-336-5008.