Newark NJ Restraining Order Dismissed
* Results may vary depending on your particular facts and legal circumstances. *
Ms. Hascup’s client, a NYC teacher, was arrested following an alleged domestic violence incident between her and her ex-partner. She was charged criminally with Terroristic Threats and Harassment, and was also served with a Temporary Restraining Order.
During the pendency of the case, Ms. Hascup’s client provided her with voluminous information about her ex-partner, all of which demonstrated her propensity for dishonesty before various courts, in sworn legal documents, and in the filing of police reports. Additionally, she was also able to subpoena and obtain the underlying documents for the current case (police reports and evidence) which also tended to show that the ex-partner was not being truthful. In fact, it appeared that Ms. Hascup’s client was actually being victimized by her ex-partner. It became clear that this was an unfortunate case of someone using the legal system and the Domestic Violence Act “as a sword rather than a shield.”
Ms. Hascup first appeared with her client at the Essex County Superior Court (Family Division) for the Final Restraining Order hearing. After the “victim” was provided with an opportunity to consult with legal counsel, she decided that it was in her best interest to dismiss the restraining order than be confronted with the evidence that Ms. Hascup had obtained.
Ms. Hascup then appeared with the client at the Criminal Division for purposes of handling the underlying criminal charges. They were downgraded and later dismissed. The Essex County Prosecutor’s Office then undertook an investigation and may ultimately charge the “victim” with Filing a False Police Report and Fabricating Evidence.
