Union County Restraining Order Lawyers

Fight a Restraining Order in Elizabeth, NJ

Were you served with a restraining order in Union County and you need help? Call us now for immediate assistance and a free initial consultation.

The New Jersey restraining order defense lawyers at the Tormey Law firm achieved another great outcome on behalf of a satisfied client in Union County family court: dismissal of a temporary restraining order. Our client was accused of harassment as the result of a series of text messages that he allegedly sent to his ex-girlfriend. At the outset of our client’s case, we identified a few significant weaknesses in the plaintiff’s allegations and were prepared to defend the case in court. However, after only two appearances with our client and the plaintiff’s failure to appear, the court agreed that the matter should be dismissed due to the plaintiff’s failure to pursue the matter. Then, our client walked out of court with an order dismissing the temporary restraining order and a clean slate.

Harassment Restraining Order Union County NJ

New Jersey law, under N.J.S.A. 2C:33-4, defines harassment as a petty disorderly persons offense that occurs if, with purpose to harass another the actor: a) makes, or causes to be made, a communication or communications anonymously or at extremely inconvenient hours, or in offensively coarse language, or any other manner likely to cause annoyance or alarm; b) subjects another to striking, kicking, shoving, or other offensive touching, or threatens to do so; or c) engages in any other course of alarming conduct or of repeatedly committed acts with purpose to alarm or seriously annoy such other person. This definition is important because the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 et seq. includes harassment as one of the nineteen actions that constitute domestic violence. Those predicate acts of domestic violence are: homicide, assault, terroristic threats, kidnapping, criminal restraint, false imprisonment, sexual assault, criminal sexual contact, lewdness, criminal mischief, burglary, criminal trespass, harassment, cyber-harassment, stalking, criminal coercion, robbery, contempt of a domestic violence order, and any other crime involving risk of death or serious bodily injury. If any one of these acts is perpetrated in a domestic context, then the victim is able to obtain a temporary restraining order.

What Happens if a Final Restraining Order is Issued?

Unlike some other states like NY and PA, a restraining order in New Jersey is permanent and will stay with you for the rest of your life. In addition, you will be fingerprinted and entered into a NJ domestic violence database. If you are accused of violating the order, you will be arrested and charged with contempt of court. On a 2nd restraining order conviction in NJ, you must serve mandatory time in the county jail. You may also suffer other collateral consequences effecting your employment, professional licenses, immigration status, and ability to travel in and out of the United States.

Do I Need An Expungement After Restraining Order is Dismissed?

No. Once the restraining order is dropped, there is no record on a background check or anything that you would need to have expunged or removed.

Domestic Violence Defense Attorneys in Elizabeth, NJ

If you are accused of domestic violence in New Jersey, the Tormey Law Firm can help. Our experienced team of domestic violence defense attorneys has successfully defended restraining order cases throughout New Jersey, achieving dismissals of temporary restraining orders in countless cases. Moreover, we are fully familiar with the procedures and rules of evidence that apply to restraining order hearings and we are available 24/7 to discuss your case and develop a defense strategy. Don’t hesitate to call the Tormey Law Firm if you have been served with a restraining order in New Jersey at 201-556-1570.