Need Lawyer – Restraining Order Hearing Hackensack NJ

“A restraining order may not be a criminal charge, but it can have serious repercussions. You need effective legal representation at your TRO or FRO hearing.”

Need an attorney for a restraining order case in Hackensack? Contact us.

Travis J. Tormey recently represented a client at a Final Restraining Order (FRO) hearing in the Bergen County Superior Court in Hackensack, NJ. Our client was a married father of two with no prior criminal record. He suffered from depression issues, and the basis for the restraining order was that he had allegedly threatened to commit suicide with a knife in his own home. His wife wrestled the knife away from him, and he was subsequently hospitalized.

Proof Required to Get a Final Restraining Order in New Jersey

Once a temporary restraining order (TRO) is issued by a Judge, a final hearing will be scheduled within 10 days. A plaintiff and a defendant can represent themselves in court at the hearing or they can hire an attorney to represent them at trial. A plaintiff has the burden of proof to show that an act of domestic violence occurred, there is a prior history of violence, and they need the protection from the court so a final restraining order (FRO) should be issued.

If issued, this restraining order is permanent and never expires. A defendant has 45 days to appeal. In addition, a defendant can file a motion to have the restraining order lifted down the road if they can show there has been a significant chance in circumstances so that the restraining order is no longer necessary and should be removed.

If issued, the defendant must be fingerprinted and placed into a NJ database for domestic violence offenders. They are prohibited from owning firearms and they will typically be stopped when traveling at the airport to confirm they are not traveling with or stalking the victim. It could cause other issues related to professional licenses, employment, and immigration status if the defendant is not a US citizen.

No Predicate Act of Domestic Violence – Case Dismissed

Here, Mr. Tormey was able to successfully argue to the judge that there was no domestic violence committed in this case. Our client’s wife testified that he did not hit her on this occasion or at any other time, and that she was clearly not afraid of our client as she wrestled a knife away from him so that he could not hurt himself.

A restraining order was not necessary to protect the wife from the husband. The fact that she was afraid he would kill himself did not mean she was afraid of him or needed protection from him.

Thus, the plaintiff was unable to establish one of the required elements to obtain a permanent restraining order in NJ. The judge agreed and dismissed the temporary restraining order (TRO).

Once a restraining order is dismissed, there is no record of it that needs to be expunged or removed. It should not appear on a background check or anything related to work, professional licenses, etc.

Domestic Violence Defense Lawyers in Bergen County, New Jersey

If you or a loved one needs a lawyer for a domestic violence hearing in Hackensack, contact us now for immediate assistance.