Travis Tormey Helps Client Contest Restraining Order in East Orange, NJ
Attorney Needed – Harassment Charge and Restraining Order Essex County NJ
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Travis J. Tormey and Christopher Perry of the Tormey Law Firm recently defended a client against a Final Restraining Order (FRO) in Essex County, New Jersey. Like all restraining orders in Essex County, the case was handled in the Family Division of the Essex County Superior Court, which is located in Newark, NJ. The basis for the FRO was harassment, which is one of the threat crimes that can lead to the issuance of a restraining order in New Jersey.
In addition to facing the restraining order, the client also faced criminal charges for harassment in East Orange Municipal Court. Although the restraining order and the criminal charge both stemmed from the same alleged incident, the cases were heard in separate courts and involved two entirely different burdens of proof. In fact, it is not uncommon for a person to have a permanent restraining order issued against them while the criminal charges are dropped, or vice versa. Generally speaking, neither case is dependent on the other.
It was important for the client to contest the restraining order because it would become permanent if it was granted. The client enlisted the services of the Tormey Law Firm to help his challenge the restraining order. Mr. Perry began his defense by negotiating a disposition with the alleged victim’s attorney. As a result, the plaintiff agreed to dismiss the restraining order, while both parties entered into a consent agreement known as “civil restraints.” This meant that the parties agreed to not have any further contact with each other. Crucially for the client, a civil restraint is not the same as a restraining order. For example, the client avoided being fingerprinted and placed in a database for domestic violence offenders. Moreover, he was not barred from owning firearms in the future.
While negotiating an agreement with the plaintiff, Mr. Perry also got her to agree to drop the harassment charges in East Orange Municipal Court. Although it is generally up to the State to decide whether to drop criminal charges, NJ prosecutors will often decline to proceed with a case when an alleged victim does not want the case to go forward.
Need Lawyer Harassment Charge East Orange NJ
Thanks to Mr. Perry, the client avoided being slapped with a Final Restraining Order and kept his record clear of a criminal conviction. This was an extremely positive outcome for the client and a big win for the Tormey Law Firm.