Restraining Order Attorney in Robbinsville NJ

Judge Refuses to Impose Final Restraining Order Following Hearing

Proetta, Oliver & Fay was able to secure another dismissal of a Temporary Restraining Order (TRO) for one of their clients last week. Our client was served with a TRO following an alleged domestic dispute between his ex-wife. The incident took place in their residence in Robbinsville Township. The victim alleged that our client as not only verbally abuse during the altercation but was also physically abusive. Furthermore, the victim alleged that their three children were present during the dispute as well. While the case was pending, our client was also charged with violating the TRO.

Served with a Restraining Order in Robbinsville Township 

Once we meet with our client it was immediately apparent that the victim in this matter was simply seeking to use the court system as a sword as opposed to a shield. She was seeking to use the courts to do what she couldn’t do legally, have him removed from the house. Despite being divorced, because of financial difficulties, the parties decide to remain under the same roof until the house could be sold. Throughout the entire hearing we are able to show that the plaintiff was not a victim of domestic violence nor was she afraid of our client. The center of the argument surrounded who was entitled to parenting time on the day in question. Through cross examination were able to establish the plaintiff was not only the instigator behind the alleged verbal dispute but we were also able to establish that she was willfully violating a previous entered court order.  It was abundantly clear after cross examination that the plaintiff was seeking to unilaterally change the court order to suit her needs and was seeking to use this court to further her willful violation of the order. Furthermore, we were able to establish that the plaintiff was also the aggressor in the alleged physical dispute.

Final Restraining Order from Robbinsville NJ Denied 

In order for the judge to impose a Final Restraining Order he needs to conclude by a preponderance of the credible evidence that the plaintiff is in fact a victim of domestic violence and that a final protection order is necessary in order to protect her from future acts of domestic violence. In the case at hand, the act of domestic violence that the plaintiff was alleging was harassment and assault. Following testimony from both parties, the judge concluded that the plaintiff had failed to establish by a preponderance of the evidence that she was a victim of domestic violence. In doing so, he did not need to reach the second prong of restraining order hearings: is a Final Restraining Order needed in order to protect the victim from further acts of domestic violence.

Having this order denied was a tremendous benefit for our client, a final restraining order would have had a devastating impact on his life. If a final restraining order was imposed, our client would be placed in a domestic violence registry for the rest of his life, forbidden from returning to his own home, forfeiting your right to bear arms,  undergo domestic violence counseling as well as unable to communicate with the mother of his children, which would certainly make co-parenting difficult. For more information on the ramifications of a final restraining order in Mercer County, please click the link.

Need a Restraining Order Lawyer in Robbinsville NJ

As you can tell from reading above, the imposition of a final restraining order can have a devastating impact on your life moving forward. All too often these types of cases are overlooked by defendant’s, as their logic is that “so what if I can never talk to the plaintiff again”, unfortunately, that is probably the most lenient consequence of a Final Restraining Order. If you or a loved one has been served with a final restraining order in Mercer County, in towns like Robbinsville, West Windsor, East Windsor, Lawrenceville, Hamilton, Trenton, Princeton or elsewhere, the Law Office of Proetta, Oliver & Fay can help. If you would like to set up a free initial consultation, then please contact our office at 609-789-0779.

R.H. v. C.D. 2020