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Fight A Restraining Order In New Jersey

How To Fight A Restraining Order In NJ  Video

Restraining Order Defense Strategy #1.

“Challenge the predicate act of domestic violence”

NJ Restraining Order Lawyers in Hackensack, Morristown, Newark NJ

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There are three things that have to exist in order for a final restraining order to issue, and as a result, there are three ways that I can fight against restraining orders. If I can cast doubt on any of the three requirements for a restraining order, it will not be issued.

The first requirement is that some incident of abuse or harassment took place. This is known as a predicate act of domestic violence. It is not enough for an alleged victim to claim that something bad happened, they actually have to prove it. This can be established by showing pictures, potentially revealing email or cell phone correspondence, testimony from the victim or any potential witnesses, etc.

This is the first element that I have the opportunity to disprove in an attempt to get the restraining order thrown out. I can challenge the credibility of the witnesses, discredit any evidence that is admitted, and cross-examine the victim on any discrepancies with their version of the facts.

If the Judge finds that there was no predicate act of domestic violence, then the temporary restraining order (TRO) will be dismissed. Remember, a restraining order case is a civil matter in New Jersey, it is not criminal. As a result, the standard of proof is known as “by a preponderance of the evidence” which is a 51% standard also known as “more likely than not”.

Here are some real life restraining order cases that our NJ restraining order attorneys successfully handled for our clients:

For more information, contact our NJ restraining order attorneys now for immediate assistance at 201-556-1570. The initial consultation is always provided free of charge.

Other Restraining Order Defense Strategies:

#2. Challenge the prior history of domestic violence
#3. Challenge the reasonable fear for safety.

Restraining Order Info and Overview

Basic Restraining Order Information
Restraining Order Vs. No Contact Order

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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.

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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.

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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