Hackensack NJ Final Restraining Order Lawyers
Travis J. Tormey and the Tormey Law Firm LLC recently defended a client at a permanent restraining order hearing stemming from a dispute in Hackensack, New Jersey. The very important final restraining order hearing was held in the Family Division of the Bergen County Superior Court, with a judge making the ultimate determination about whether to issue a final restraining order in the case. The client was a young professional who had a good career and a valid firearms license. If the judge decided to issue a final restraining order, the client would be subject to forfeiture of his weapon, as well as his firearms ID card.
The facts of the case were as follows: The client and his girlfriend were involved in a relationship for several years before they finally decided to move in together. The relationship went poorly after that, with the couple repeatedly arguing. Despite the fact that the couple was often involved in verbal altercations, the girlfriend made it clear that things never turned physically violent. However, the girlfriend still feared for her safety because she knew that the client owned a firearm and she had previously been physically abused by her ex-husband. Additionally, the client and the girlfriend still lived under the same roof, so she requested a restraining order.
The final restraining order hearing was held in the Bergen County Superior Court. At the conclusion of the hearing, the judge dismissed the restraining order because the couple’s verbal arguments did not amount to domestic violence. This meant that there was no need to issue a restraining order to protect the ex-girlfriend’s safety and wellbeing. Although the plaintiff in this case was actually afraid for her safety due to her prior history with another man, her fear was not found to be reasonable under the law. The standard in these types of cases is an “objective reasonable person standard.” What the judge in this case determined was that a reasonable person in the girlfriend’s shoes would not have any reason to be afraid of the client and would not need a restraining order.
This was the correct result and a very good outcome for the client. The skilled criminal defense lawyers at the Tormey Law Firm are now working to get the client’s firearm and gun permit returned to him by Bergen County authorities.