Facing a Restraining Order in Bergen County, NJ?

Need a domestic violence restraining order lawyer in Fort lee? We can help.

Travis Tormey of the Tormey Law Firm LLC recently assisted a client facing a permanent restraining order arising out of Hackensack in Bergen County, NJ. The extremely important final restraining order hearing was held in the Family Division of the Bergen County Superior Court before a Superior Court judge. The client, a young professional with a solid career and a valid firearms license, had a lot at stake: if the final restraining order was issued, the client would be forced to forfeit his weapon, as well as his firearms ID card.

If a restraining order is issued in NJ, it is permanent and never expires. A defendant must be fingerprinted and placed into a New Jersey database for domestic violence offenders. It could also lead to other consequences related to immigration status, employment, professional licenses, and traveling in and out of the country.

Burden of Proof in NJ Restraining Order Trials – What are the elements?

These were the facts of the case: The client and his girlfriend dated for several years before eventually moving in together. They lived together for the last year. The relationship was deteriorating toward the end, with the couple engaging in a lot of verbal arguments prior to their breakup. Despite the many verbal altercations between the pair, the client’s girlfriend was very clear that there was never any physical violence. However, the girlfriend still said that she was afraid because she knew her boyfriend owned a gun. Moreover, the client’s girlfriend was very sensitive to these issues because she had been physically abused on a prior occasion by a different man: her ex-husband. Additionally, the fact that the client and his girlfriend continued to live together in their shared apartment even after breaking up did not make matters better.

After hearing the testimony of both parties, the Bergen County Superior Court judge dismissed the final restraining order because there was no domestic violence based on the couple’s verbal arguments. As a result, said the judge, there was no need to issue a restraining order for the protection of the ex-girlfriend’s safety and wellbeing. Although the plaintiff in this restraining order case was actually scared based on her prior history with another man, her fear was not reasonable under the law. Since the standard in these types of domestic violence cases is an “objective reasonable person standard,” the plaintiff could not meet her burden of proof. The judge found that a reasonable person in her shoes would not be afraid of the client and would not need the protection of the courts.

Need a Fort Lee Restraining Order Attorney? Call Us Now

This was the correct result in the restraining order case and a satisfying outcome for our client. The knowledgeable criminal defense attorneys at the Tormey Law Firm are now in the process of trying to get the client’s firearm and gun permit returned to him by the Bergen County Prosecutor’s Office.