Essex County Temporary Restraining Order Dismissed in Newark, NJ

Temporary Restraining Order (TRO) Lawyers in Newark, NJ

Essex County NJ Restraining Order Lawyers
Essex County NJ Restraining Order Lawyers

The domestic violence and restraining order defense attorneys at the Tormey Law Firm in Essex County recently prevailed at trial in the New Jersey Superior Court, Family Part in Newark. Our client had recently filed an annulment from his wife but then she filed a temporary restraining order alleging that she was being harassed – she alleged that our client just would not leave her alone. But, the allegation could not have been farther from the truth. In preparation for trial, our defense team compiled evidence including e-mails and text messages that disproved the plaintiff’s case. Then, at trial the plaintiff presented her case but the judge was not convinced and agreed with our argument that there simply was not enough evidence to justify a final restraining order, resulting in a dismissal of the case.

The Prevention of Domestic Violence Act establishes nineteen predicate acts of domestic violence under N.J.S.A. 2C:25-19 (1) through (19), one of which is harassment. According to the analytical framework in Silver v. Silver, 387 N.J. Super. 112 (App. Div. 2006), a trial court must find by a preponderance of the evidence, or more likely than not, that at least one enumerated act of domestic violence occurred before the entry of a final restraining order. The New Jersey Criminal Code, N.J.S.A. 2C:33-4, sets forth that a person commits harassment if with purpose to harass another, he makes or causes to be made, a communication or communications anonymously or at extremely inconvenient hours, or in offensively coarse language, or any other manner likely to cause annoyance or alarm; subjects another to striking, kicking, shoving, or other offensive touching, or threatens to do so; or engages in any other course of alarming conduct or of repeatedly committed acts with purpose to alarm or seriously annoy such other person.

At trial, it is the plaintiff’s burden to prove that the defendant committed and act of domestic violence. In other words, it is not enough for the plaintiff to say, “I’m being harassed.” Rather, the plaintiff must show specific facts that satisfy the legal requirements of one of the legal definitions of harassment. In our recent victory, we effectively and successfully pinpointed and underscored the weaknesses in the plaintiff’s case as they related to whether or not harassment actually occurred and whether or not a final restraining order was truly necessary for protection from our client. Accordingly, the court dismissed the case and vacated the temporary restraining order. If you have been accused of domestic violence and served with a temporary restraining order in New Jersey, you should contact the experienced restraining order defense lawyers at the Tormey Law Firm who have successfully defended countless clients against allegations of domestic violence in family courts across New Jersey.

DYFS Investigates After Newark Kids Go Missing During Custody Visit
Newark NJ Man Gets Prison for Violent Robbery
Client Reviews
testimonials reviews
  • "Travis Tormey is the only lawyer I seek out to handle my legal affairs. Over the last four years, I have used Mr. Tormey’s services on numerous occasions to my great benefit. He promptly returns my messages, takes the time..."

  • "Travis Tormey is a superb attorney. He is skilled and knowledgeable. He handled my case with respect, kindness and quiet assurance. I would trust him with all future legal needs. He has many contacts in the legal profession..."

  • "Mr. Tormey is a consummate professional. Our case was sensitive and complicated and unusually lengthy for a juvenile case. For 8 months Mr. Tormey faithfully worked our case and never failed to show for court once. Punctual, disciplined..."

  • "Travis Tormey is an outstanding attorney. He helped me tremendously, more so than I ever could have imagined. He handled all aspects of my case with compassion, respect, and immense competence. He is a skilled and knowledge..."

  • "I was extremely nervous and anticipating the worst situation possible for my cases. Travis was a very reliable lawyer and everyone at his firm was extremely helpful. Travis went above and beyond inside and outside of the court room for me! ..."

Our Offices

Hackensack Law Office

254 State Street Hackensack, NJ 07601

Get Directions Hackensack Law Office

Newark Law Office

1 Gateway Center, Suite 2600 Newark, NJ 07102

Get Directions Newark Law Office