How to Beat a Restraining Order Sussex County NJ

Domestic Violence Lawyers in Newton, New Jersey

Restraining order help Sussex NJ

Do you need a lawyer for a domestic violence hearing on a restraining order case in Sussex County? We can help.

The restraining order lawyers at the Tormey Law Firm LLC represented a client who was facing a final restraining order (FRO) in the Sussex County Superior Court, Family Division located in Newton, New Jersey. Our client’s ex-girlfriend filed a TRO against him alleging harassment as the predicate act of domestic violence. The harassment was for excessive unwanted communication including text messages, Facebook, etc. If a final restraining order is issued in NJ, it is permanent and never expires. The defendant must be fingerprinted and placed into a NJ database for registered domestic violence offenders. There are other collateral consequences which can effect professional licenses and immigration status in the United States. Finally, the defendant is prohibited from owning or possessing firearms.

Temporary Restraining Order Issued Sussex County NJ

After a temporary restraining order is issued, a final restraining order hearing is scheduled usually within 10 days. In the meantime, the defendant is prohibited from having any contact with the plaintiff, going to their residence or place of employment, or having anyone contact them on their behalf. Any violations of the temporary restraining order (TRO) will result in criminal contempt charges.

A defendant can file a motion to modify the TRO if they need to get into their home to get their belongings or if they are looking for visitation with their children during the pendency of the restraining order.

At the first hearing, the Judge will ask the Plaintiff how he or she wants to proceed with the case. They can dismiss the restraining order, negotiate a settlement agreement with the adversary (known as civil restraints), or proceed to trial. In this case, the Plaintiff was not interested in dismissing the case or negotiating an agreement with us, so the case was re-listed for trial.

Final Restraining Order Trial Conducted in Sussex County Court, Newton NJ

In this case, the Plaintiff had a very weak case to obtain a permanent restraining order. The case proceeded to trial before a Family Court Judge in Newton, NJ. The plaintiff has the burden of proof to show that a predicate act of domestic violence occurred (in this case harassment), a prior history of domestic violence, and that she needs the restraining order to protect her safety and well being.

A restraining order is a civil matter (not criminal) so there is a civil standard of proof used – preponderance of evidence – which is more likely than not (51%). The Plaintiff has the burden to prove all of the elements required to obtain a final restraining order or the temporary restraining order is dismissed. Some of the evidence plaintiff’s typically rely on in court include the following:

• Text Messages
• Voicemails
• Emails
• Videos
• Pictures of Injuries
• Hospital records
• Police reports
• Witness testimony

Once the Plaintiff testifies and admits their evidence, then the defense has an opportunity to cross examine them. Then, the defendant can testify (if they chose to). There is no obligation for the defendant to testify and the burden of proof always remains with the plaintiff.

Judge Finds No Harassment and No Fear, Restraining Order Dismissed

After this trial, the Judge ruled that  no predicate act of domestic violence was committed as there was no harassment in this case and that the Plaintiff was clearly not afraid of the defendant because she was constantly interacting with him and responding to his messages. As a result, the temporary restraining (TRO) was dismissed and all of the restrictions removed.

There is nothing on the defendant’s record and nothing for him to expunge. There is only a record that the TRO was filed against him in case another one is filed in the future.

Newton False Allegations of Domestic Violence – Help

This was a tremendous result for our client and the law firm. Now that the case has been dismissed, there is no record of it and he will have nothing effecting his job or his future. If you or a loved one needs assistance with a domestic violence restraining order in Sussex County NJ, contact the Tormey Law Firm LLC for immediate assistance at 973-755-1695.