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Essex County Restraining Order Lawyers – Terroristic Threats

Handling Domestic Violence hearings in Newark, New Jersey

Terroristic threats restraining order NJ

Terroristic Threats Domestic Violence NJ

One of the potential predicate acts of domestic violence in New Jersey is terroristic threats. Terroristic threats is a criminal charge in New Jersey and it also is a basis for a restraining order as a predicate act of domestic violence in a temporary restraining order filing. Terroristic threats involves threatening another with an act of violence with the purpose of terrorizing and alarming them.

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 Montclair, Irvington, Cedar Grove, West Orange, and Bloomfield.

Here is a review from one of the many satisfied restraining order clients of the Tormey Law Firm:

“The Best Attorney”
5.0 stars
Posted 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 New Jersey: Terroristic Threats

In order to establish a predicate act of domestic violence of terroristic threats, the plaintiff must show a violation of N.J.S.A. 2C:12-3 which provides in pertinent part:

a. A person is guilty of a crime of the third degree if he threatens to commit any crime of violence with the purpose to terrorize another or to cause evacuation of a building, place of assembly, or facility of public transportation, or otherwise to cause serious public inconvenience, or in reckless disregard of the risk of causing such terror or inconvenience. A violation of this subsection is a crime of the second degree if it occurs during a declared period of national, State or county emergency. The actor shall be strictly liable upon proof that the crime occurred, in fact, during a declared period of national, State or county emergency. It shall not be a defense that the actor did not know that there was a declared period of emergency at the time the crime occurred.

b. A person is guilty of a crime of the third degree if he threatens to kill another with the purpose to put him in imminent fear of death under circumstances reasonably causing the victim to believe the immediacy of the threat and the likelihood that it will be carried out.

NOTE:  In the domestic violence context, courts can consider any past history of abuse as a part of a complainant’s individual circumstances in determining whether a reasonable person in those circumstances would have believed the threats at issue. See Cesare v. Cesare, 154 N.J. 394 (1998).

Proving Terroristic Threats at a Restraining Order Trial

In order to prove terroristic threats as a predicate act of domestic violence in NJ, the plaintiff must show that either subsection (a) or (b)  was violated above. Therefore, terroristic threats can be based on actual physical violence or the threat thereof.

NOTE: It is important to remember that, although terroristic threats is a criminal charge and we use the criminal statute under N.J.S.A. 2C:12-3, 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.

For more information, contact the restraining order defense lawyers at the Tormey Law Firm LLC for a free initial consultation at (908)-336-5008.

Visit Our Offices

With offices in Hackensack, Morristown, Newark, Middletown, and New Brunswick, our lawyers can represent you anywhere in New Jersey and are available immediately to assist you at (908)-336-5008

Hackensack / Bergen County

254 State Street
Hackensack, NJ 07601

  • 201-556-1570
  • 201-556-1572
Hackensack Office

Morristown / Morris County

60 Washington St Suite 200A,
Morristown, NJ 07960

  • 908-336-5008
  • 201-556-1572
Morristown Office

Newark / Essex County

1 Gateway Center Suite 2600
Newark, NJ 07102

  • 201-654-3464
  • 201-556-1572
Newark Office

for a free initial consultation Contact the Tormey Law Firm

Travis J. Tormey is a distinguished member of the legal community and a respected legal resource on domestic violence. He has been featured in a variety of prominent publications and media outlets, including CBS radio, Aol News, the Asbury Park Press, NJ.com, and the Daily Record. Mr. Tormey has also been recognized as one of the the top criminal attorneys under 40 years of age by the National Trial Lawyers Association and the National Academy of Criminal Defense Attorneys. Whether representing victims or the wrongly accused, Travis remains passionately committed to protecting the rights of the innocent.

Areas we serve

The Tormey Law Firm LLC handles restraining order cases in Bergen County (Hackensack), Morris County (Morristown), Passaic County (Paterson), Union County (Elizabeth), Hudson County (Jersey City), Middlesex County (New Brunswick), Somerset County (Somerville), Sussex County (Newton), Essex County (Newark), Hunterdon County (Flemington), Mercer County (Trenton), Monmouth County (Freehold), Warren County (Belvidere), Ocean County (Toms River), Burlington County (Mount Holly), and throughout NJ.

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