Restraining Order Dismissed Newark NJ After Final Hearing in Essex County Court

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Unlike protective orders in other states, a final restraining order in New Jersey does not expire after a set period of time. Once a final order is in place, it stays in effect permanently unless the victim asks the Court to dismiss it or the Court grants a petition to dissolve the restraining order. Additionally, if a final restraining order is issued, the defendant will not be permitted to own firearms, may be subject to prolonged questioning during simple traffic stops, and may be detained for further questioning when travelling through airports.

The New Jersey Prevention of Domestic Violence Act of 1991 allows people who have been victims of domestic violence to ask the court for a Final Restraining Order to protect themselves from further acts of abuse committed by their abusers. An alleged victim must first obtain a temporary restraining order from a municipal court judge or a superior court hearing officer. The case is then scheduled for a final hearing, at which the alleged victim must show that an act of domestic violence did in fact occur, and that a final restraining order is necessary to protect him or herself from the abuser.

In a recent case handled by The Tormey Law Firm, our client was issued a temporary restraining order more than three months after the last communication he had with the alleged victim, and six months after the alleged act of domestic violence. Our client had been engaged in both a dating and business relationship with the alleged victim for several months prior to the alleged act of domestic violence. When that act supposedly occurred, the plaintiff did not report anything to police, friends, or family members. In fact, it was only months later, when the plaintiff’s husband learned about the affair, that the plaintiff filed the temporary restraining order with the court.

After a trial where the plaintiff testified and offered the testimony of two other witnesses, attorney Christopher Perry was able to successfully argue that the plaintiff had not proven the very seriously allegations she had made against our client. The judge agreed and dismissed the temporary restraining order. Our client, who could have faced serious repercussions with his job if a final order had been granted, was saved from having this false allegation affect his life any further.

New Jersey law makes it very easy for plaintiffs to file a temporary restraining order against someone they claim has committed an act of domestic violence. Any person who is facing such a claim must do everything they can to fight the allegation and save their reputation and avoid being forever labeled an abuser. Additionally, since a restraining order is not a criminal matter, there is no Constitutional right to an attorney, so anyone who wants to fight these restraining orders must hire a private attorney if they want adequate representation.

Help – Served with Temporary Restraining Order in Essex County

If you or anyone you know if facing this kind of case, it is vital that you obtain skilled legal counsel to fight the allegations against you. At The Tormey Law Firm, our attorneys have years of experience handling domestic violence cases and restraining orders. Call or email us today for a free consultation about your case.

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