Restraining Order Dismissed Outright
Keith Oliver Criminal Law is happy to announce that they were able to secure another dismissal of a temporary restraining order for one of their clients, this time in Somerset County. Our client was served with a temporary restraining order following incident at their home in Bedminster. During the altercation the victim, his girlfriend of ten years, alleged that he not only forcible removed her phone from her hands numerous times that evening but that he was also verbally abuse while doing so. Furthermore, the victim alleged that when she locked herself in their bedroom in attempt to get away from him, he aggressively banged on the door trying to gain entry. Our client was eventually served with the TRO and removed from his home pending the resolution of the matter.
What Happens During a Restraining Order Hearing
Upon being retained, the client was adamant that the incident was completely fabricated and that he would settle for nothing less than a dismissal. His version of events drastically differed from the victim’s allegations in the TRO. Once a TRO is granted, the next step is for the parties to appear in court for a final restraining order hearing (FRO). In this case, since the allegations occurred in Bedminster, the case was transferred to the Chancery Division, Family Part of the Somerset County Superior Court in Somerville. At the FRO hearing, it will be the plaintiff (victim’s) burden to establish by a preponderance of the evidence the following:
- They were in Domestic Relationship with the Defendant
- That they were a victim of an Act of Domestic Violence at the hands of the Defendant &
- That in order to prevent future Acts of Domestic Violence and protect their safety, an order of protection is necessary.
Since the victim and our client were in a dating relationship, it was evident that she satisfied the first prong. The act of domestic violence that she alleged in her TRO was harassment. This is where we were able to attack the substance of her case, as the allegations on their face did not amount harassment, let alone outside of her version of events, there was no evidence whatsoever. Also, the timing of the filling of the TRO was at odds with someone who was in fear for their safety. After numerous conversations with the victim’s attorney, they agreed to dismiss the TRO instead of going forward with the final restraining order hearing. They also agreed that she would vacate the residence, so that our client could return home.
For more information on How to Defend a Temporary Restraining Order in Somerset County, please click the link.
Final Restraining Order Lawyer in Bedminster NJ
The imposition of a final restraining order comes with rather unforgiving consequences, fortunately for our client he was able to avoid them. Some of those consequences include but are not limited to:
- Removed from their home permanently
- Forbidden from having contact with their children
- Emergent monetary relief
- Court ordered mental health evaluation / treatment
- Fingering printing
- Forfeiture of weapons
- Entry in national domestic violence registry
Furthermore, restraining orders do not expire in New Jersey. In order for a final restraining order to be removed the Defendant would have to petition the court and establish that there is a change of circumstances. This is no easy task, for more information on removing a restraining order in Somerset County, please click the link. If you or a loved one has been served with a restraining order in Somerset or Hunterdon County, the Keith Oliver Criminal Law can help. Our office has been defending those served with a TRO in courts throughout New Jersey for the better part of the last decade. We serve all of Somerset and Hunterdon County, including towns like Raritan, Readington, Bridgewater, Bound Brook, Watchung, North Plainfield, Hillsborough, Manville and Clinton. To set up a free initial consultation today, please contact our Bridgewater office at 908-533-1064 or you can try contacting us online.
J.A. v. S.F. (2018)
Here is what our client had to say about his experience at Keith Oliver Criminal Law:
Excellent, prompt service with my matter. Highly recommend him.
