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Restraining Order Dropped at Burlington County Superior Court in Mount Holly

July 9, 2019

Just this past week, firm partner, William C. Fay, IV, Esq., was able to get a Temporary Restraining Order dismissed on behalf of a client who was the defendant in the matter. The case involved allegations of harassment and simple assault that occurred in a town in Burlington County, NJ. For our client, the temporary restraining order was issued because the two involved parties were husband and wife. Based on this “domestic relationship”, the responding police officers allowed the “victim” to request a Temporary Restraining Order. This resulted in our client be lawfully removed from their residence and separated from their children, pending the outcome of the Restraining Order Hearing. Our law firm was not retained until after our client was arrested, processed, released and served with the Temporary Restraining Order.

How Can Someone Get a Restraining Order in Burlington County?

A victim/plaintiff must demonstrate certain elements before a restraining order will be issued. First, they must show that there was an underlying act of domestic violence. Only certain types of criminal violations will qualify as an act of domestic violence, such as: assault, terroristic threats, harassment, criminal restraint, stalking and false imprisonment, among other criminal offenses. If the is probable cause to believe that this predicate act occurred, then the victim must show that there was a domestic relationship between themselves and the defendant. A domestic relationship typically involves married couples, separated/divorced parties, cohabitants, siblings, prior boyfriend/girlfriend or a man/women with whom you share a child. Generally, when these two elements are demonstrated a judge will issue a Temporary Restraining Order, pending a formal court hearing.

How Do You Get a Restraining Order Dropped in NJ?

The most common way to have a restraining order dismissed is through a formal hearing before a Burlington County Superior Court Judge. Typically, these hearings are held for Temporary Restraining Orders, but can also occur if you are filing a motion to vacate a Final Restraining Order. In the case where we just recently won a dismissal, the judge heard testimony from the victim, among other things, and issued an order to dismiss the temporary restraining order entirely. This meant that the alleged victim was precluded from using the prior underlying act as a “act of domestic violence” upon which to obtain a restraining order in the future. Every case requires a separate analysis to determine how best get a dismissal of the restraining order. For more information, please contact our office.

Restraining Order Attorneys near Mt Holly NJ

If you or a loved one are a victim or defendant in a pending restraining order in Burlington County, please contact the attorneys at Proetta, Oliver & Fay. Our team of lawyers can assist you with both the restraining order and any corresponding criminal charges that may be pending. For an immediate and complimentary consultation with a firm partner, please call (609) 850-8284. We can be reached day and night, including weekends, for your convenience. Please do not hesitate to call with any questions or concerns.

Contact Us

Our phones are answered 24 hours a day. We are available weekdays during business hours. We also meet with clients on evenings and weekends by request. We have four office locations conveniently located in Jersey City, Edison, Middletown, Cranford, Burlington, and Hamilton. All major credit cards are accepted.

Burlington Office

525 Highway 73,
Suite 104, Marlton,
New Jersey 08053
Phone: 609-850-8284
By Appointment Only

Hamilton Office

100 Horizon Center
Boulevard, Hamilton,
New Jersey, 08691
By Appointment Only

Point Pleasant Office

3828 River Road,
Suite A, Point Pleasant,
New Jersey 08742
By Appointment Only

Middletown Office

180 Kings Highway,
Middletown Township,
New Jersey 07748
By Appointment Only