“Having a qualified domestic violence attorney on your side can make all the difference when fighting a restraining order in New Jersey.”
Travis J. Tormey and Christopher Perry of the Tormey Law Firm recently argued on behalf of a client who was facing a Final Restraining Order (FRO) in Essex County, NJ. The restraining order hearing was scheduled to be held in the Family Division of the Essex County Superior Court in Newark, NJ, with harassment being listed as the basis for the FRO.
Since the basis for the permanent restraining order was harassment, the client also faced criminal charges in East Orange Municipal Court. It is important to keep in mind that the restraining order and the criminal charge were distinct from one another – despite the fact that they both stemmed from the same underlying incident. Restraining orders and criminal charges come with different burdens of proof. This means that it is possible for a defendant to get a restraining order dismissed while still being convicted on the criminal charges.
The client contacted the Tormey Law Firm because he needed help fighting both the restraining order and the criminal charges for harassment. Mr. Perry first dealt with the restraining order by approaching the attorney for the alleged victim in the case and successfully negotiating a disposition. Under the terms of the agreement, both parties entered into a “civil restraint,” with each party stipulating that they would avoid making contact with the other party. This mattered a great deal for our client because it meant that he would not incur any burdens or penalties typically associated with a restraining order. For instance, the client would not have his identity placed in a domestic violence offender database.
Once the restraining order was dealt with, Mr. Perry turned his attention to the criminal charges of harassment. Mr. Perry was able to convince the plaintiff in the case to drop the charges. The plaintiff subsequently spoke with East Orange prosecutors and said that she did not wish to pursue the case. As a result, the prosecutors dropped the criminal charges against our client. This was a fantastic outcome for our client and a huge success for the Tormey Law Firm.