Hackensack NJ Restraining Order Lawyers
The Hackensack NJ Restraining Order attorneys at the Tormey Law Firm LLC recently represented a client who was facing a permanent restraining order at the Bergen County Superior Court. If the restraining order issued, it is permanent and never expires; the client is fingerprinted and placed in a statewide database for domestic violence offenders; the client is prohibited from owning or possessing firearms; this restraining order could effect professional licenses, immigration status, traveling in and out of the United States, etc. As a result, the client was very concerned and needed the restraining order dismissed.
The New Jersey Prevention of Domestic Violence Act is an invaluable tool for victims of domestic violence to obtain a level of protection from their abusers. It also serves to ensure that victims have some legal recourse in the event that the abusing party doesn’t stay away when that’s what the Court orders. Unfortunately, the law makes it very easy for someone to obtain a temporary restraining order against another person, even if there is absolutely no basis for the issuance of a final restraining order following a trial before a Superior Court judge. Even if there is no basis for a final restraining order, the issuance of a temporary restraining order can have serious repercussions for the person it is issued against. These can include problems with employment, housing, and the withholding of certain constitutional rights such as the right to own firearms. Additionally, a false allegation of domestic abuse requires the accused person to hire an attorney to fight for them in order to ensure that the truth comes out in court. This can be expensive and time consuming.
In a recent case handled by the Tormey Law Firm, our client’s roommate issued a temporary restraining order against our client, accusing him of harassment. As it turned out, our client had been paying rent to the roommate for months, but it turned out that she had not been paying anything to the landlord. As the accusing roommate was the only person on the lease, she was the only one who knew that the landlord had filed eviction proceedings against her at the Superior Court. When our client learned that the roommate had not been paying the rent and that they were all being evicted from the apartment, he rightfully demanded that she repay him the rent he had given her and the security deposit he had given when he first moved in. Rather than pay the money back and have everyone go their separate ways, the roommate obtained a temporary restraining order against our client, thinking that it would keep her from having to pay the money back.
Christopher Perry of the Tormey Law Firm appeared with our client in court. Through careful negotiations, he was able to negotiate an agreement between the parties that included dismissal of the temporary restraining order against our client, repayment to him of the money stolen by the roommate, and financial penalties should the roommate violate the terms of the agreement or attempt to contact our client again. In exchange, she was able to avoid the filing of criminal charges against her for Theft by Deception, a third-degree criminal offense.
Through thoughtful preparation and discussions with the other party, we were able to obtain this terrific result for our client. Contact our Bergen County NJ Restraining Order lawyers now for immediate assistance at 201-556-1571. The initial consultation is always provided free of charge.