Tormey Law Firm Seeks Return of Firearm for Client after TRO Dismissed in Bergen County NJ

Hackensack Criminal Attorneys Fight Final Restraining Orders in Bergen County, NJ

Need your weapons returned in Bergen County after a seizure? Tormey Law Firm Can Help

Have your firearms been seized after a restraining order was issued in Bergen County? If you hire an attorney such as those on our team and successfully get the restraining order dismissed, then you may be able to also have your weapons returned to you. This process is complex, but we often handle these cases. Below is a recent case where our lawyers obtained a dismissal of the temporary restraining order and then continued to assist the client with getting their firearms back.

Travis J. Tormey and the Tormey Law Firm LLC recently represented a client at a final restraining order hearing in Bergen County, NJ. The client and his attorneys appeared in the Family Division of the Bergen County Superior Court in Hackensack NJ, with a judge deciding whether to issue a permanent restraining order. The client was an upstanding individual with a good job and a valid firearms license. However, despite the client’s stellar record, he would have been required to forfeit his weapon and his firearms ID card if the superior court judge issued a final restraining order.

The case stemmed from events in Hackensack, New Jersey. The client and his girlfriend had dated for several years and lived together at a Hackensack residence. At some point, the relationship turned bad and the couple broke up – but not before getting into several verbal arguments. Additionally, even after breaking up, the couple continued to live together in the house. This reportedly concerned the girlfriend, who had been involved in a previous relationship in which her ex-husband physically abused her. Although the client never engaged in any kind of physical violence, the girlfriend’s past history caused her to fear for her safety and to request a restraining order against the client.

At the end of the final restraining order hearing in Bergen County Superior Court, the Judge decided to dismiss the restraining order. The Judge’s reasoning was that the verbal arguments between the client and his girlfriend did not amount to domestic violence. With no actual threat of violence against the girlfriend, said the Judge, there was no need to issue a restraining order to protect her safety and wellbeing. Even though the plaintiff in this case was afraid for her wellbeing, this fear was not considered reasonable under the law. Basically, what the Judge determined was that a reasonable person in the shoes of the girlfriend would not have any justifiable reason to fear for her safety.

Guns Seized from Restraining Order Bergen County – Help, Need Lawyer

This was the proper result in the case and a positive outcome for the client. The knowledgeable criminal defense lawyers at the Tormey Law Firm are now working to get the Bergen County Prosecutor’s Office to return the client’s firearm and gun permit.

The prosecutor’s office has to make a decision about whether or not they are going to return the weapons and gun permit or they are going to move for forfeiture. Sometimes they return the weapons without any issue. Other times they agree to return the weapons with certain conditions such as a mental health evaluation or anger management counseling. In other cases, they will move for forfeiture and then a hearing will be held before a Judge who will determine if the defendant is an appropriate candidate to own or possess weapons. Our experienced firearms lawyers are able to assist you throughout this process in order to get you the best possible outcome. Contact us now for immediate assistance and a free initial consultation at 201-614-2474.