Domestic Violence-Recent Success

Paul F.

Case 1 - Motion to Vacate Restraining Order and Appeal

When the plaintiff first asked for and FRO against Paul, he decided that he didn't need an attorney because he thought and FRO would be no big deal. Thus, he did not contest the entry of an FRO against him. After the plaintiff filed numerous contempt charges against him, he decided that he made a big mistake. He hired Jef Henninger to vacate the restraining order. Although the trial judge denied the application, Jef was convinced that the judge was wrong. Paul had Jef appeal the trial judge's decision. The Appellate Division agreed with Jef and held that an FRO with such procedural irregularities can be appealed at any time. The entry of the FRO was reversed.

Paul F.

Case 2 - Contempt

A few months before Jef was successful in the first case, the plaintiff filed another contempt charge against Paul. She alleged that he called her twice. Paul maintained his innocence but the State refused to gather the evidence that would help him. Thus, Jef had to issue subpoenas for phone records. Even though the records proved that the two calls in questions were an incoming call from a collection agency and a call that the plaintiff placed to Paul, the State refused to drop the charges. Jef had to have the custodian of records from the phone company come into court to testify. The State made one last desperate attempt to argue that Paul possessed the ability to manipulate phone records. However, Jef's aggressive defense was successful and Paul was acquitted.

Rui R.

Final Restraining Order Hearing

While all FRO hearings are serious matters, this one took on extra importance because a divorce complaint was pending. Had the client lost, he could have suffered serious consequences in the divorce case. Jef Henninger's tough defense showed that the plaintiff's allegations lacked any credibility. The FRO was denied. As a result, it was much easier for Jef to obtain a favorable resolution to the divorce matter for the client.

Michael D.

Final Restraining Order Hearing and criminal charges

This case represented one of the more tougher FRO hearing due to the injuries of the plaintiff, the attitude of the trial judge, and the almost implausible story of the client. The plaintiff's injuries required her to be transported to the hospital. The client maintained that his younger sister, who was much smaller than the plaintiff, caused the injuries. The trial judge had a very negative attitude against Mike and at one point, referred to him as a pimp and his family as weird. Nevertheless, Jef Henninger's advocacy was so tough, that the judge remarked that he doesn't have to like the defendant in order to find that the evidence does not warrant the entry of the FRO. All charges against Mike and his sister were dismissed shortly after the FRO hearing.

Brannon Y.

Final Restraining Order Hearing and criminal charges

Client was accused of sexually assaulting the plaintiff. The case was tough due to the nature of the allegations, the lack of any impeaching evidence against the plaintiff, and the lack of witnesses. In addition, the stakes were exceptionally high not only because of the criminal charges but because the two parties worked together. Thus, Brannon would have likely lost his job if the FRO was entered against him. Essentially, it came down to a credibility contest between the two parties. Because the plaintiff had such a clean background and her story was so believable, the only thing Jef Henninger could do was prepare Brannon so that his testimony was as equally as credible as the plaintiff's. Jef achieved the exact result he wanted when the trial court found that both parties were equally credible, and thus, the plaintiff had not met her burden. The application for the FRO was denied. However, the criminal charges remained. Jef ordered a transcript of the FRO hearing and used it in a motion to dismiss the charges on various legal grounds. Even though the State fought hard against the motion, the Court sided with Jef and granted the motion to dismiss the charges.

*These cases are just an example of some of the many clients we have helped. Please remember that every case is unique. Thus, you should not expect to achieve similar results just because the facts of your case may seem identical. Schedule an appointment with one of our attorneys today to discuss your case.