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How To Fight Your Restraining Order Case

Restraining Order Challenge #2.

“Challenge the Prior History of Domestic Violence”

Passaic County NJ Restraining Order Defense in Paterson, New Jersey

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The second element required to pass a restraining order is a “prior history of domestic violence”. Proving at least one single instance is necessary, but it’s not enough to issue a restraining order. There needs to be an established past record of such incidences occurring. This is typically proven by pulling up past arrest reports, showing complaints that have been filed, referencing calls made to the police reporting such issues, or testimony from witnesses.

Again, witness credibility comes into play, and either the complaining party can prove their case or not. If a prior history of abuse has taken place, there certainly should be a record of it, and if there isn’t, it’s going to be hard to prove in the courtroom.

However, the Judge can find, if the predicate act of domestic violence was extremely violent or egregious (such as broken bones, hospitalization, stabbing, etc.), that the Plaintiff does not need to show a prior history of domestic violence in order to prove the case. This is extremely rare.

Our NJ restraining order lawyers represent clients facing temporary restraining orders (TRO) and final restraining orders (FRO) throughout New Jersey including in Bergen County (Hackensack), Morris County (Morristown), Passaic County (Paterson), Essex County (Newark) and throughout New Jersey. Contact our offices now for a free initial consultation at 201-556-1571.

Here are some real life success stories thanks to our NJ restraining order attorneys:

Restraining Order Defense Strategies:

#1. Challenge the predicate act
#3. Challenge the reasonable fear for safety.

Restraining Order Info and Overview

Basic Restraining Order Information
Restraining Order Vs. No Contact Order

Learn More About How to Fight Your Charges

If you've been charged with a criminal offense, disorderly persons offense, or traffic / DWI violation, you have the right to an attorney who will defend you against your charges and fight for your best interests. To learn more about how your attorney can fight to have your charges dismissed or reduced, click a link below to see our video library of legal defenses and strategies.

Experience You Can Trust

With unmatched knowledge and experience in the practice of law, the seasoned attorneys at The Tormey Law Firm are committed to serving their clients and tenaciously confronting the allegations against them.

We will examine every facet of your case in order to defend your constitutional rights and reputation.  

With a dedicated legal advocate to assist you, our attorneys will ensure that you are never forced to navigate the complex legal process on your own.

The Tormey Law Firm

Areas We Serve

Bergen County, Essex County, Morris County, Passaic County, Hudson County, Middlesex County, Somerset County including Morristown, Denville, Dover, Mount Olive, Parsippany, Hackensack, East Rutherford, Elmwood Park, Englewood, Fort Lee, Garfield, Lodi, Lyndhurst, Mahwah, Palisades Park, Paramus, Ridgefield Park, Saddle Brook, Teaneck, Clifton, and Wayne.


Hackensack Location

254 State Street

Hackensack, NJ 07601

  (201) 556-1570    Directions

Morristown Location

55 Madison Avenue Suite 400

Morristown, NJ 07960

  (908) 336-5008    Directions