Final Restraining Order Denied in Mercer County

Keith Oliver Criminal Law was able to secure a dismissal of a temporary restraining order (TRO) after a two day trial in Mercer County for their client who was accused of sexual assaulting the alleged victim in her dorm room last year. If you or a loved one has been served with a TRO and would like to consult with one of our attorneys about your options, please feel free to contact our Hamilton office at 609.789.0779.

TRO From Ewing Township Dismissed After Trial in Mercer County

Our client was served with a temporary restraining order (TRO) following an evening at The College of New Jersey wherein which he was alleged to have had sexually assaulted the victim. After meeting with our client and his family, it was clear that this was a classic he said she said type of incident. Our client’s version of events was substantially different than that of the alleged victim. In the vast majority of he said she said type of cases, it is crucial to be able to discredit the others version of events. Finding inconsistencies is paramount to being successful. These type of cases almost always boil down to the credibility of the witnesses. Knowing this, and knowing the fact that this case was unfolding in the middle of the Covid-19 pandemic, we insisted that this hearing be heard in-person, in open court and not virtually. We knew that it was crucial for the Judge to be able to observe the witnesses in open court as opposed to a computer screen. Due to the severity of allegations and the issues we raised, the Judge agreed that this matter must be heard in-person and as such, he made accommodations for us to do so. This is a significant defeat in and of itself for our client.

Ways to Defend a TRO in a Sexual Assault Allegation

In this case, the primary witnesses were going to be the alleged victim and our client, if we decided he would testify. Geared with our client’s version of events, we started prepping for trial. Once we started breaking down the alleged victim’s allegations, we were able to find major inconsistencies within. Over the two day trial we were able to carefully pick apart the victim’s version of events and point out the major inconsistencies. As a result, we were able to cast doubt on her version of events. After hearing all the evidence, we were able to convince the Judge that a Final Restraining Order was not warranted in this case and the temporary restraining order was dismissed. This was a significant defeat for our client. Not only did this clear his name but a final order of protection would have drastically effected his future. Often times the severity of a final order of protection is overlooked. All too often people forget that a final order of protection in New Jersey is permanent and never expires or the fact that they will be placed in a domestic violence registry for the remainder of their life. These ramifications are not something to take lightly. As a young man about to embark on the rest of his life, a final restraining order can be crippling.

Restraining Order Defense Lawyer for Incident at TCNJ

Temporary restraining orders in New Jersey are not something to take lightly. The consequence of having a final restraining order being imposed can have life long impacts. Some of the more devastating impacts are as follows:

  • Court Ordered Batters Intervention Program;
  • Prohibited from Returning to Home;
  • Prohibited from having Contact with Victim;
  • Temporary Support for Victim;
  • Placed in Domestic Violence Registry;
  • Forfeiture of Right to Possess Weapons; &
  • Fine.

If you have been served with a temporary restraining order in Mercer County, in towns like Ewing, Hamilton, Princeton, East Windsor, Robbinsville, West Windsor or Lawrenceville, we strongly recommend you speak to an experienced Domestic Violence defense lawyer about your options. Our office has extensive experience handing all types of domestic violence allegations, including assault, harassment, terroristic threats, sexual assault, restraining orders and weapons forfeiture hearings.  If you would like to speak to one of our Mercer County domestic violence defense lawyers, then please contact our Hamilton office at 609.789.0779.

P.L. v. T.B. (2020)

Author: Keith G. Oliver

Founding partner Keith G. Oliver has a passion for helping people who are caught up in the criminal justice system. He believes that everyone has a right to be presumed innocent, and that one mistake shouldn’t define a person forever. This passion drives Mr. Oliver to tirelessly fight for his clients and pursue the best possible outcome in every case.