New Brunswick Restraining Order Attorneys
Handling Simple Assault Cases in Carteret, Old Bridge, Woodbridge NJ
Received a restraining order in Middlesex County NJ? We can help. Our lawyers have literally handled thousands of domestic violence cases throughout New Jersey including in Piscataway, Old Bridge, New Brunswick, and Dunellen. Here is an example of a real restraining order and domestic violence case we handled for a client in the Middlesex County Superior Court.
The NJ restraining order lawyers at the Tormey Law Firm LLC recently represented a client facing a temporary restraining order (TRO) that was filed against him by his wife in the Middlesex County Superior Court located in New Brunswick, New Jersey. The restraining order alleged several predicate acts of domestic violence including harassment and assault and alleged a prior history of domestic violence. The plaintiff claimed that she needed the protection of the courts and that it was reasonable for her to be in fear for her safety based on these acts of domestic violence.
Plaintiff Must Prove Act of Domestic Violence, Prior History, and Need for Protection
Our client had a very different version of events and it became clear that the plaintiff, his wife, suffered from severe mental problems that she was heavily medicated for and, in fact, she had been hospitalized for several times. Luckily, the plaintiff was represented by an attorney who realized that the plaintiff’s mental state and credibility were a major issue for their case. Based on these issues, the parties agreed to enter into a civil restraints agreement and the plaintiff agreed to dismiss the restraining order.
Civil Restraints – Negotiated Settlement in Restraining Order Cases NJ
Since the parties were married and are filing for divorce, the civil restraints agreement can be docketed and placed on the record as part of their divorce case. The civil restraints agreement can resolve issues such as living arrangements, child custody and visitation, temporary spousal support, and division of property. Essentially, the civil restraints agreement attempts to work our minor issues temporarily until the divorce is litigated and more major issues can be resolved with the judge in court.
The Middlesex County NJ restraining order lawyers at the Tormey Law Firm were able to negotiate a dismissal of this temporary restraining order (TRO) and the entry of a civil restraints agreement. In addition, we referred the client to a knowledgeable divorce attorney who can help him fight his divorce case in New Brunswick as well. Needless to say, the client was very satisfied with our services.
Carteret Simple Assault Criminal Charges
Further, our client was also charged criminally with simple assault, a disorderly persons offense, which was resolved in the Carteret Municipal Court. The client was facing a permanent criminal charge on his record, a $1,000 fine, probation, and up to six (6) months in the Middlesex County Jail. In addition, since he is not a United States citizen, this could cause major issues for his green card and immigration status. Fortunately, our attorneys were able to get the simple assault charged dismissed in court as well and our client ended up with no criminal record from this event.
Without the wife’s cooperation and testimony in Court, the prosecutor had no choice but to dismiss the case.
Simple Assault Criminal Charge and Restraining Order Dismissed Middlesex County NJ
If you or a loved one wants assistance with a restraining order matter in New Jersey, contact our lawyers now for immediate assistance at 201-556-1570. The initial consultation is always provided free of charge.