Morris County Restraining Order AttorneysThe Morris County restraining order attorneys at the Tormey Law Firm LLC recently helped a client vacate a Final Restraining Order (FRO) that had been issued against his son in Morristown, New Jersey.

The NJ Superior Court, Family Part, in Morristown previously imposed the restraining order after an FRO hearing. However, the facts of the case were not simple. Our client’s son was addicted to drugs, with his drug addiction leading to violence against the family and theft of property. The situation eventually escalated, resulting in the police getting involved. This is what prompted the court to issue the restraining order.

After the passage of some time, during which the defendant completed treatment and evaluation at an inpatient drug treatment facility, the family made the decision to reconcile with their son. The problem was that the family did not have the legal authority to dismiss the restraining order; only a judge of the Superior Court, Family Part can ultimately dismiss an FRO in New Jersey. This means that the plaintiff in a restraining order case cannot permit the defendant to violate a restraining order. Moreover, the consequences of violating a restraining order in New Jersey are severe. Violation of a restraining order is a crime that can result in significant prison time.

Tormey Law Firm Contests Restraining Orders in Morris County, NJ

The client contacted the Tormey Law Firm because he needed help getting the restraining order dismissed. Our experienced domestic violence lawyers explained the nuances of restraining order laws in NJ and went over every aspect of the case. The goal was to navigate the legal system and allow the client to see his son again without putting the son in jeopardy of being arrested and jailed.

As set forth by the Prevention of Domestic Violence Act (PDVA), violation of a restraining order is a criminal offense in New Jersey. N.J.S.A. 2C:29-9(b) stipulates that a person commits criminal contempt, a crime of the fourth degree, when they purposely or knowingly violate any provision in a restraining order and if their conduct is also a separate crime or disorderly persons offense. In all other instances of knowingly violating a restraining order, the violation is classified as a disorderly persons offense. This means that violations that do not constitute independent criminal acts, such as merely placing a phone call or sending a text message, the defendant will likely be charged with a disorderly persons offense for violating their restraining order.

Removing a Restraining Order in NJ

The only way to vacate an FRO in New Jersey is through a court order that dismisses the restraining order. This is true regardless of how badly a plaintiff may want to get rid of the FRO.

The process for vacating a restraining order is complicated. The plaintiff must appear in court and talk to domestic violence counselors about the case. The counselors typically explain the cycle of domestic violence and make sure that the plaintiff truly wants to dismiss the restraining order. Moreover, the judge will question the plaintiff and ensure that the plaintiff understands their legal rights. The purpose of this questioning is to make sure that the plaintiff has not been threatened or forced to drop the FRO.

When the judge rules to vacate the restraining order, the case finally reaches its conclusion.

Contact Tormey Law Firm About Restraining Orders in Morris County

The restraining order attorneys at the Tormey Law Firm are prepared to help clients in restraining order cases in Morris County and elsewhere in New Jersey. Whether you are a plaintiff or a defendant in a domestic violence case, Travis Tormey and his team of restraining order lawyers can assist you when it comes to filing for a Temporary Restraining Order (TRO), preparing for a Final Restraining Order (FRO) hearing, negotiating civil restraints, filing a motion to vacate an FRO, or appealing an FRO to the Appellate Division in Trenton.

Skilled Criminal Defense Attorneys with Offices in Morristown, NJ

Morristown NJ Simple Assault AttorneysTravis Tormey of the Tormey Law Firm LLC recently defended a client against charges of simple assault in Morristown, New Jersey. Since simple assault is classified as a disorderly persons offense under N.J.S.A. 2C:12-1(a), the client was subject to significant criminal penalties. That’s why it was imperative that he have a skilled criminal defense attorney on his side.

The client in this case was a young professional with no prior history of criminal arrests or convictions. However, despite his clean record, the client still faced penalties that included a fine of $1,000, a sentence of up to six months in the Morris County Jail, and a permanent criminal conviction on his record going forward.

The facts of the case were as follows: The client and his wife were in Morristown NJ on St. Patrick Day to celebrate at the city’s annual St. Patrick’s Day Parade. There was obviously a little alcohol consumption by both the client and his wife. When the client’s wife said that she wanted to leave the parade and go home, the client informed her that he wanted to stay out a little longer. This disagreement continued as the couple walked back to their apartment in Morristown NJ. At some point during their walk, the client and his wife were observed by Morristown patrol officers who allegedly saw the client push his wife. According to the Morristown cops, the client’s wife did not fall or otherwise sustain any injuries as a result of the alleged “push.”

The minor nature of the incident, combined with the fact that the client’s wife had no desire to press charges against him, meant that the prosecutors could be persuaded to drop the criminal charges. Ultimately, the Tormey Law Firm was able to get the charges dismissed in Morristown Municipal Court.

Now that the criminal charges have been dismissed, the client can file an expungement to get the record of the arrest removed from his permanent record.

Morris County Criminal Defense Lawyers Fight Gun Charges

Morristown NJ Imitation Firearm AttorneysThe criminal defense attorneys at the Tormey Law Firm recently defended a client against criminal charges for unlawful possession of a weapon.

Our client was an 18-year-old man accused of possessing an airsoft gun. He did not have any prior criminal history. Moreover, he suffers from developmental and learning disabilities and goes to a special school that provides assistance for these physical and mental difficulties. On the night of his arrest, the client was sitting in a car outside his friend’s home in Cedar Grove, New Jersey. The client’s friend, a 16-year-old boy, was in the vehicle and had an airsoft gun on him.

What most people don’t realize about airsoft guns (as well as BB guns and pellet guns) is that it is illegal to possess these types of imitation firearms without a proper permit. In this regard, imitation firearms are just like real firearms. Airsoft guns can typically be purchased at flea markets and sporting goods stores. However, it is important to keep in mind that the easy availability of imitation firearms does not change the fact that it is still illegal to possess an imitation firearm in New Jersey without a valid firearms ID card. This is what complicated things for our client and resulted in him being charged with a felony for unlawful possession of a weapon. Worse yet, a conviction could have resulted in the client being sentenced to 3-5 years in NJ State Prison.

The client’s father hired Travis J. Tormey and the Tormey Law Firm LLC to handle the case and defend his son. Our experienced legal team immediately got to work helping the client fight the very serious firearms possession charges. First, we convinced the Essex County Prosecutor’s Office to downgrade the gun charge to a lesser offense: disorderly conduct, which is classified as a petty disorderly persons offense, not a felony. This meant that the case was transferred out of the Essex County Superior Court and remanded back to Cedar Grove Municipal Court.

After getting the criminal charges downgraded, our skilled attorneys met with the local municipal prosecutor and the police officer who initially issued the complaint. We explained the client’s medical condition and highlighted the fact that the airsoft gun was never pointed at anyone or used at any point during the incident. The prosecutor and the police officer ultimately agreed to dismiss the case as a result of our client’s medical condition and the circumstances of the case.

This was a fantastic result for our client and a tremendous victory for the Tormey Law Firm. We are now working to get the client’s arrest expunged, which will clear the incident from his permanent record.

Little Falls NJ Marijuana Possession Attorneys

Criminal Defense Lawyers in Morris County NJ

Morristown NJ Marijuana Possession LawyersTravis Tormey and the Tormey Law Firm recently defended a client who had been charged with possession of less than 50 grams of marijuana and possession of drug paraphernalia in Little Falls, NJ. Our client is a student at Montclair State University and has never been convicted of a crime in New Jersey, so he has no prior record. He originally grew up in New Orleans and moved to NJ in order to attend college.

The client’s parents hired the Tormey Law Firm to represent their son in this case because they understood the seriousness of the criminal charges and the severity of the potential penalties. The client faced two disorderly persons offenses (similar to misdemeanors), which exposed him to the following penalties: a $1,000 fine, up to six months in the county jail, and a permanent criminal charge on his record. This last point is important because a criminal record would make it difficult for the client to obtain student loans and could even result in him being unable continue attending college.

After we got the initial discovery package, which included police reports and videos, we continued to wait for the lab report on the alleged drugs. In New Jersey, the State must send the seized substance, whether it’s marijuana, heroin, or cocaine, to the NJ State Police lab for testing. This is done so that prosecutors can prove that the defendant did, in fact, possess the illegal drugs at the time of their arrest. In this case, the prosecution needed to prove that the client actually possessed marijuana. Additionally, prosecutors needed to show that a pipe found on our client was used for drugs, not tobacco.

The New Jersey State Police lab has gotten a lot of negative media attention in recent months, particularly after it was revealed that a lab tech had been signing off on positive lab results without actually testing any of the alleged drug substances. The lab tech was later fired and the NJ criminal justice system has been dealing with a number of cases on appeal ever since.

In this case, the State could not produce a lab report for six months. Since our client had a right to a speedy trial, the judge signed an order after five months that required the lab reports to be produced within 30 days or risk being excluded from trial. After the 30 days went by and the lab reports were still not provided to Mr. Tormey, the drug crime charges against our client were dismissed.

This was an extremely positive outcome for the client and a major victory for the Tormey Law Firm.

Woodland Park NJ Shoplifting Attorneys

Fight Shoplifting Charges in West Paterson, NJ

Morristown New Jersey Shoplifting LawyersTravis J. Tormey and Alissa Hascup of the Tormey Law Firm LLC recently represented a client who had been charged with shoplifting in Woodland Park, NJ. The client allegedly shoplifted a number of retail items that had a total value of less $200. As a result, the client was charged with a disorderly persons offense, not a felony-level crime. That’s because N.J.S.A. 2C:20-11 specifies that the theft of items with a retail value under $200 is a disorderly persons offense (misdemeanor). Most shoplifting charges in New Jersey are classified as disorderly persons offenses. A disorderly persons offense for shoplifting is heard in the local municipal court, not the county superior court.

What Are the Penalties for Shoplifting in NJ?

The client in this case needed to address the disorderly persons offense shoplifting charges in the Woodland Park Municipal Court. A conviction on the theft crime could have resulted in significant penalties, including: six months in the Passaic County Jail, a fine of $1,000, a period of probation, and a permanent criminal charge and conviction on the client’s record.

In many cases, a person convicted of a theft offense conviction can seek an expungement at a later date. To “expunge” a criminal charge or conviction means that the convicted person is basically getting the past conviction removed from their record.

The Woodland Park NJ defendant represented by the Tormey Law Firm desperately needed to avoid a conviction in the shoplifting case in order to remain legally in the United States. The client was not a US citizen, so he faced deportation from the country if convicted of a “crime of moral turpitude.”

When the client contacted Travis Tormey and Alissa D. Hascup to assist him, the experienced criminal defense attorneys immediately got to work fighting on behalf of the client. The skilled legal team cited the client’s lack of a prior criminal history when negotiating with Woodland Park prosecutors and ultimately worked out an extremely favorable plea agreement for the client. The plea deal called for the criminal charge against the client to be lowered to a local municipal ordinance violation for causing a disturbance in a store, which is basically the same as a ticket for littering. Although the client had to pay a fine, he avoided jail and kept his record clean.

This represented a great outcome for the client and a success for the Tormey Law Firm.

Morristown NJ Shoplifting LawyersThe Tormey Law Firm recently represented a client charged with shoplifting in violation of N.J.S.A. 2C:20-11(b). The charges arose out of an incident in Paramus, New Jersey. Since the amount of the alleged theft was over $500, the case was initially charged as a felony (indictable matter) and was sent to the Bergen County Superior Court, located in Hackensack NJ, for disposition. Our client faced several years in state prison, as well as having a felony on his record if convicted of this very serious theft offense. Additionally, because the client is a teacher, his teaching license could have been suspended or revoked if convicted of this crime.

The first thing our criminal defense lawyers did was to get the case remanded back to the Paramus Municipal Court as a disorderly persons offense (misdemeanor). As a result, the client now longer faced a felony charge on his permanent record.

Next, when the case was sent back to Paramus Municipal Court, our experienced criminal defense attorneys appeared with the client in court. The store representatives failed to appear, meaning that the State was unable to proceed with the case. Based on this, we requested the case be dismissed. Although the municipal court judge initially denied our motion, he did mark the next court listing as “try or dismiss.” When the store reps failed to appear again, the case was dismissed for lack of prosecution based on a motion by the defense.

This was a very good result for our client and a huge victory for the Tormey Law Firm. Thanks to our hard work, the client was able to avoid jail and his teaching license is no longer in jeopardy.

Morristown New Jersey Handgun AttorneysThe experienced criminal defense lawyers at the Tormey Law Firm LLC recently defended a client in the Bergen County Superior Court, which is located in Hackensack, New Jersey. The client had been charged with unlawful possession of a weapon in violation of N.J.S.A. 2C:39-5. Since the statute classifies illegal possession of a handgun as a second degree felony, the client was facing 5-10 years in New Jersey State Prison, with a presumption of imprisonment even though she had no prior criminal record. Additionally, because of New Jersey’s strict gun laws, codified in the Graves Act, a conviction could have resulted in the client being hit with a minimum mandatory term of incarceration before becoming eligible for parole. The typical offer on a gun case in New Jersey for a defendant with no prior record is five years in prison, with three of those years to be served without the possibility of early release on parole.

The facts of the case were as follows: Our client was a female driver who worked for a bail bonds company based out of Virginia. She was traveling to New Jersey for work and got stopped for a traffic violation. During the traffic stop, the patrol officer reportedly discovered a small handgun in her possession. The handgun was not properly registered or permitted in the State of New Jersey. Although the client had legally purchased the firearm in Virginia and she had a valid permit to carry the gun in Virginia, she did not legally have the right to possess the weapon in New Jersey. Additionally, the weapon was not properly secured in the vehicle trunk, nor was it in a locked gun case, both of which would be required if she was merely transporting the handgun through NJ in a legal manner.

Based on our client’s positive background and her lack of criminal history, we applied the client for the New Jersey Pre-Trial Intervention (PTI) program. This is an alternative sentencing program that allows defendants in criminal cases to not only stay out of prison but also to avoid a felony conviction on their permanent record, so long as they successfully complete the probationary period. The assistant prosecutor in this case had to apply to the Attorney General’s Office for a Graves Act waiver and the head Bergen County prosecutor himself had to approve her admission into PTI. The great news for the client was that once all of this had been accomplished and she was successfully placed into the PTI program, she was able to avoid prison and keep her record clear of a criminal conviction.

This was a wonderful outcome for our client and a major victory for the Tormey Law Firm.

Morristown NJ Shoplifting AttorneysThe Tormey Law Firm LLC recently represented a client who had been charged with shoplifting in violation of N.J.S.A. 2C:20-11(b). The client was arrested in connection with an alleged theft incident at a store in Wayne, New Jersey. Since the amount was greater than $500, the case was originally charged as a felony (indictable matter) and was being handled at the Passaic County Superior Court in Paterson, NJ. The consequences were significant: our client could have ended up with a felony on her record, as well as being sentenced to several years in NJ State Prison if convicted of this very serious criminal offense.

One of the criminal defense attorneys at the Tormey Law Firm appeared on behalf of the client in Passaic County Superior Court and contested the charge. Our hardworking criminal defense lawyer was able to convince the assistant county prosecutor to remand the case back to the Wayne Municipal Court as a disorderly persons offense. As a result, the client now faced a disorderly persons offense (misdemeanor) instead of a felony conviction on her record.

This was excellent news for the client. But the Tormey Law Firm wasn’t done; we still wanted to help our client beat the charges. So when the case was sent back to Wayne Municipal Court, our criminal defense attorneys appeared with the client in the courtroom. The representatives from the store failed to appear in court, meaning that the State could not rely on their testimony in the case. Without this crucial testimony, prosecutors were unable to proceed with the case. Based on this, the Tormey Law Firm asked the court to dismiss the charges. The judge initially denied our motion but marked the next listing as “try or dismiss.” This meant that if the store representatives failed to appear again in court, the charges against our client would be thrown out. That’s exactly what happened. The case was subsequently dismissed for lack of prosecution based on a motion for the defense.

This was a fantastic result for our client and a major victory for the Tormey Law Firm.

Morristown New Jersey DWI AttorneysTravis Tormey and Christopher Perry, members of the Tormey Law Firm LLC, recently defended a client who faces charges for driving while intoxicated (DWI) and simple possession of marijuana under 50 grams in Long Hill Township, New Jersey. Based on the severity of the charges, the case was handled in the Long Hill Municipal Court, not the Morris County Superior Court in Morristown, NJ.

Since the client had been charged with a first offense DWI, he was subject to significant penalties that included suspension of his driver’s license for up to 12 months, required attendance at alcohol classes held at the DMV, a serious fine and court costs of approximately $800, and as many as 30 days in the county jail. Additionally, marijuana possession charge carried severe penalties that included a permanent criminal charge on the client’s record, a fine of $1,000, an additional driver’s license suspension of up to two years, and a sentence of up to six months in the local county jail if convicted.

Mr. Tormey and Mr. Perry began their defense of the client by reviewing the evidence in the case. They noticed that the client had actually registered a blood alcohol concentration (BAC) of .06 percent, which is below the legal limit in NJ of .08 percent. Moreover, the official police reports contained nothing that would suggest that the client was under the influence of marijuana at the time of the stop. Although Long Hill Township police took a urine sample which later came back positive for marijuana, this did not conclusively prove that the client was under the influence of pot at the time because marijuana typically remains in a person’s system for around 30 days after ingestion.

As far as the marijuana possession charge, police allegedly found our client with flakes of marijuana on his person. However, there were not enough flakes for the NJ police lab to test the evidence. Without a positive lab report for the marijuana, the State was unable to prove beyond a reasonable doubt that our client possessed marijuana.

Based on these important evidentiary issues, the charges were thrown out and our client was able to avoid being convicted of either charge. This was a tremendous result for our client and a huge success for the Tormey Law Firm.

DWI Lawyers in Little Falls NJTravis J. Tormey, founding partner of the Tormey Law Firm, recently stood up for a client accused of Driving While Intoxicated (DWI) in Little Falls, NJ. The client reportedly registered a blood alcohol concentration (BAC) of .09 percent, barely above the New Jersey legal limit of .08 percent BAC. This was the client’s first DWI offense, but he still faced significant penalties: driver’s license suspension for a period of three months, a fine of up to $750, attendance at alcohol education classes hosted at the Intoxicated Driver Resource Center (IDRC), and a potential sentence of 30 days in the county jail.

These were the straightforward facts of the case: police officers discovered the client standing outside his motor vehicle, which was stopped along railroad tracks in Little Falls NJ. The car was stuck on the train tracks, so police had to call a tow truck. After administering a breath test to the client, Little Falls police placed him under arrest and charged him with a first offense DWI.

The client later had to make an appearance in Little Falls Municipal Court, which is located in Passaic County NJ, so that he could answer the drunk driving charges. Before the case reached trial, the State encountered several issues of proof. For example, the prosecutor in the case struggled to establish that Little Falls NJ police administered the Alcotest breath test within a reasonable time after the client operated his car. Since police officers never saw the client seated in his motor vehicle at any point, they could not state when he drove his car or how long it had been stuck on the train tracks. Additionally, the prosecutor in the case was not able to prove DWI charges for a person found behind the wheel of an inoperable vehicle. The client’s car was considered “inoperable” because it was stuck on the Little Falls NJ train tracks, meaning that it was not possible for the client to drive the vehicle.

The knowledgeable DWI defense attorneys at the Tormey Law Firm raised these issues when filing a motion to dismiss the charges based on a lack of operation of the vehicle. Travis Tormey also filed a motion to suppress the breath test reading. The Little Falls Municipal Court judge ultimately granted both motions, resulting in the dismissal of the client’s DWI charges. The client ended up pleading guilty to a minor moving violation of careless driving and his driver’s license was suspended for just 30 days. This was a tremendous outcome for the client and a big success for the Tormey Law Firm.