Case Study:

Overview

A dedicated schoolteacher and father approached Rosenblum Law with an urgent and emotionally charged matter. He had been served a Temporary Restraining Order (TRO) by his ex-wife following a contentious incident at his home. The allegations included harassment and assault, which could have jeopardized his career and his relationship with his son. Through meticulous preparation and strategic legal action, Rosenblum Law successfully secured the dismissal of the TRO and resolved the case with civil restraints, ensuring the client’s rights and reputation were protected.

Background

The client and his ex-wife divorced several years prior and shared joint custody of their young son. Under their custody agreement, the client had designated parenting time. On one occasion, during his parenting time, a disagreement arose when his ex-wife entered his home to retrieve clothing for their son. The client maintained that her entry was uninvited and captured video evidence supporting his claim. Following the altercation, the ex-wife filed for a TRO, alleging harassment and assault. The client was served the TRO shortly thereafter, and his workplace was notified, adding further stress to the situation.

Challenges

Reputation and Employment Risks: As a teacher, the client’s professional reputation and job security were at stake. A finalized restraining order could have had severe implications for his career.

1. Custody and Parental Rights: The TRO posed a threat to the client’s parenting time and his ability to maintain a stable relationship with his son.
2. Legal Complexity: The allegations of harassment and assault, though unsupported by police reports or a history of domestic violence, required a robust defense to prevent the TRO from being converted into a Final Restraining Order (FRO).

Approach

Rosenblum Law’s strategy focused on the following:

1. Establishing Lack of Evidence:
2. • Demonstrated that there was no prior history of domestic violence between the parties.
   • Highlighted the absence of police reports or corroborating evidence of harassment or assault.
3. Presenting Exculpatory Evidence:
   • Introduced video evidence showing that the ex-wife’s entry into the client’s home was uninvited, undermining the validity of her allegations.
4. Exploring Alternative Resolutions:
   • Proposed a civil restraints agreement, a mutually agreed-upon resolution that would prevent future conflicts while avoiding the criminal implications of an FRO.

Outcome

At the court hearing, Rosenblum Law successfully negotiated with the ex-wife’s representation to dismiss the TRO in favor of civil restraints. This agreement ensured that:

• The TRO was dismissed, leaving no mark on the client’s record.
• Both parties agreed to specific boundaries to prevent future disputes.
• The client retained his parental rights and continued his relationship with his son without interference.

Impact

1. Professional Security: By avoiding a FRO, the client’s teaching career remained unaffected, and his professional reputation was preserved.
2. Parental Stability: The civil restraints agreement allowed the client to maintain his parenting time and protect his relationship with his son.
3. Peace of Mind: The client’s ability to navigate future interactions with his ex-wife was clarified, reducing the likelihood of similar conflicts.

Conclusion

This case highlights Rosenblum Law’s commitment to protecting clients’ rights while navigating complex family law matters. By combining legal expertise with a client-centered approach, we deliver results that safeguard our clients’ futures.