The Morris County restraining order defense lawyers at the Tormey Law Firm have successfully represented yet another client. This time, the client was facing a final restraining order (FRO) in Morristown, New Jersey.
NJ restraining order cases are heard in the New Jersey Superior Court, Family Part in the county where at least one of the parties resides or where the alleged domestic violence incident occurred. In this particular domestic violence case, both parties lived in Morris County, NJ. The defendant was accused of harassing his wife. This harassment allegedly involved the husband accusing the wife of cheating on him, stealing her phone, and preventing her from leaving the couple’s residence. The wife got a temporary restraining order (TRO) against the husband, which meant that a final restraining order hearing was scheduled to be heard within 10 days.
After the husband was served with the TRO, he made a very smart decision and contacted the domestic violence attorneys at the Tormey Law Firm. Now the TRO has been dismissed and there is no final restraining order in effect against the client.
Both the husband and the wife in this domestic violence case were represented by attorneys. This was good for our client because it meant that the attorneys could discuss the legal matter before a trial and reach an agreement on civil restraints. A civil restraints agreement is basically a contract between the parties that dictates how they will interact with each other going forward. In most cases, the parties simply agree to have no more contact. However, in this case, the family dynamic made things different: the couple has children and a shared residence.
Given the parties’ family situation, our legal team crafted an agreement that outlined exactly how the husband and wife would share responsibilities at the house. Additionally, both parties were able to remain in separate parts of the house and still maintain their privacy.
It took several hours, but our attorneys were able to hammer out the details and come up with a civil restraints agreement that both parties were willing to sign. This led to the wife dismissing the TRO against our client. However, she still needed to show up to court, get sworn in, and testify that she was dismissing the restraining order. That’s because a court will not dismiss a restraining order unless the court can find that the request is being made knowingly, willingly, and voluntarily. In this case, the family court judge accepted the plaintiff’s request to dismiss the restraining order, so the case was closed.
If you face a final restraining order in Morris County, NJ, you should contact the experienced Morristown restraining order attorneys at the Tormey Law Firm to learn more about the consequences of an FRO and how you can fight a TRO. Our experienced lawyers are available right now to help you at 201-556-1570.