Temporary Restraining Order (TRO) Lawyers Union County NJ

Handling Domestic Violence Restraining Orders in Elizabeth, New Jersey

Elizabeth NJ Restraining Order Lawyers

Do you need representation for a final restraining order case in the Union County court in Elizabeth? We can help. Our experienced domestic violence defense lawyers have literally handled hundreds of restraining order hearings and trials like yours with tremendous success. Here is a case we successfully handled for a client in Elizabeth with a fantastic result.

False Temporary Restraining Order (TRO) Filed Union County for Assault

The Union County NJ restraining order lawyers at the Tormey Law Firm LLC represented a client recently who was facing a final restraining order (FRO) in Elizabeth, New Jersey. The client was a man with no prior criminal history who lived with his significant other for years and they have two children together, although they were never married. The client’s partner was a heavy drinker and when she was intoxicated she would attack him during their arguments. Then, she would claim that he was assaulting her and call the police. This time, she filed a temporary restraining order (TRO) against him which forced him out of his house and prevented him from seeing his children. If a final restraining order was granted in this case, the client would be permanently removed from the home, fingerprinted and placed in a statewide database for domestic violence offenders, prohibited from owning or possessing firearms, and this restraining order would be permanent in nature and would never expire.

Initial Appearance – Conference – Dismiss? Settle? Trial?

At the initial or first appearance at the Family Court in Elizabeth, the Judge asked the Plaintiff how she wanted to proceed. She can dismiss the case, ask for a postponement to get a lawyer or to gather her evidence, negotiate a potential settlement agreement known as civil restraints or ask for a trial. In this case, the Plaintiff was not interested in dismissing the matter or negotiating a settlement with us, so the case was rescheduled for a trial date.

Luckily, the client retained the Tormey Law Firm to represent him at the final restraining order hearing. The hearing was conducted in the Family Division of the Union County Superior Court in Elizabeth and consisted of five (5) days of trial. The Plaintiff has the burden of proof which is a preponderance of evidence (more likely than not) and goes first. She testified and admitted any evidence the court deems is relevant in her attempt to show that a predicate act of domestic violence occurred, there is a prior history of domestic violence between the parties, and she needs the protection that a restraining order provides and is reasonable to be in fear for her safety.

Police officers and other witnesses were subpoenaed to testify before the Judge and both the plaintiff and defendant gave their versions of events.

Finally, after the long final hearing, the Judge dismissed the restraining order and found that no predicate act of domestic violence occurred. The Judge questioned the plaintiff’s credibility and motives and found her testimony to be unreliable. This was a great result for our client and the Tormey Law Firm.

Need Lawyer Restraining Order Trial in Union County NJ

If you or a loved one needs assistance with a final restraining order matter in Union County NJ or anywhere in New Jersey, contact our offices now for immediate assistance at 201-556-1570. The initial consultation is always provided free of charge.