Case Study

Background

Rosenblum Law successfully represented a client facing two disorderly persons charges of simple assault and a Temporary Restraining Order (TRO) filed against the client and the client’s wife by her ex-partner. The incidents occurred during a child custody exchange at a police station, where tensions escalated, resulting in a physical altercation and subsequent legal actions. The client and spouse were both charged with simple assault, and the wife was served with a TRO.

Challenges

The case presented several challenges, including:

1. Multiple Charges: Both the client and the spouse faced criminal charges, complicating the defense strategy.
2. TRO Implications: The TRO against the spouse added another layer of complexity, as it had potential long-term implications for family dynamics and custody arrangements.
3. Emotional Tensions: The case involved high emotional stakes, as it centered around family and child custody issues.

Legal Strategy

• Defending Against Criminal Charges:
  • Comprehensive Review: We conducted a thorough review of all available evidence, including surveillance footage from the police station and witness testimonies. Our goal was to demonstrate that the actions of our clients were either in self-defense or not criminally culpable.
  • Negotiations with Prosecution: We engaged in discussions with the prosecutor’s office, emphasizing the lack of a prior criminal record for both clients and the context of the altercation. We sought to have the charges reduced or dismissed entirely.
• Handling the TRO:
  • Challenging the Basis: We prepared a strong defense against the TRO by demonstrating that the client’s spouse’s actions did not warrant such an order. We gathered evidence and testimonies to counter the allegations and provide a full picture of the situation.
• Expungement Consideration:
  • We also worked towards ensuring that any dismissed charges would be eligible for automatic expungement, helping to clear the clients’ records and prevent future repercussions.

Outcome

Through diligent legal work and effective negotiation, Rosenblum Law achieved the following:

1. Dismissal of Charges: Both clients’ disorderly persons charges were dismissed, eliminating the risk of fines or potential jail time.
2. TRO Dismissal: The Temporary Restraining Order against the spouse was dismissed, allowing for a more stable family environment and removing legal restrictions.
3. Automatic Expungement: The dismissal of charges qualified for automatic expungement, ensuring that the clients’ records remained clear and protecting their future opportunities.

Conclusion

This case highlights Rosenblum Law’s expertise in navigating complex family and criminal law issues. Our comprehensive approach and commitment to our clients’ best interests resulted in a favorable outcome, preserving their legal and personal standing. We continue to offer compassionate and effective legal representation, focusing on resolving disputes and protecting our clients’ rights.