If somebody gets a restraining order against you, the protection they get could put a serious burden on you. Violating this court order can result in an arrest or jail time. Also, you may not be able to access your kids, house, and other belongings because of this order.
A judge will issue a restraining order after hearing accusations of dangerous acts or violence that a domestic partner or a family member perpetrated. Such accusations don’t need to be proven. But you can have a temporary restraining order or TRO lifted with the help of a defense lawyer. Also, the lawyer can help you prevent the issuance of a final restraining order or FRO. They can protect your rights and ensure no unwarranted judicial rulings are made against you. You can learn more about how a lawyer can help you by reading on:
Restraining Orders in New Jersey: Their Implications
In New Jersey, domestic violence victims can seek a TRO against their abuser from a judge. They can go to the police station or the local county Superior Court’s Family Division. When a TRO is in place, the defendant won’t be able to do any of the following:
- Return to the scene where the alleged violence took place or access other locations like a business or home.
- Communicate or get in touch with the alleged victim or the relatives of the victim in person, in writing, or by telephone.
- Possess a weapon or firearm.
In addition, the defendant is required to do the following:
- Pay temporary child support to their alleged victim.
- Reimburse the victim for medical expenses they alleged incurred because of the injury they caused.
- Relinquish exclusive possession of their residence and temporary child custody to the victim.
How a Lawyer Can Help
Typically, judges side with alleged victims, particularly if the victim can prove they sustained an injury or emotional distress. In New Jersey, it is easy to get a TRO. Your lawyer will keep this order from becoming a FRO. They ensure the judge hears, understands, and duly considers your side of the story.
If you have been arrested or held due to a domestic violence charge, your attorney will get your release from custody. Then, they will obtain your statement and investigate your case to prepare for the hearing. The lawyer will determine the occurrence of a true, intentional domestic violence incident, any previous incidents of domestic violence, and a reasonable cause for your accuser to continuously fear for their safety. If the accuser can’t show these elements, a TRO can be lifted.