If a final restraining order is entered against you, there are significant ramifications. You will not be able to return to the residence that you may have shared with the complainant nor have any contact by telephone or email, or certainly any direct communication with them. Your relationship with that person will essentially be done and if you violate the restraining order by calling them, having something else contact them, or by ending up in the area where they are at, you will be arrested for criminal contempt. For all of these reasons, it is fundamentally important that you win your final restraining order hearing. An experienced attorney is an absolute must for any other than those who make the frequently fatal mistake of trying to defend themselves at the hearing. This is a huge mistakes as, in addition to all the other repercussion, all it will take is the “victim” picking up the telephone and accusing you of violating the order and you will be arrested. Call our seasoned New Jersey Final Restraining Order Defense Lawyers now before you make a disastrous mistake.
Defense Attorneys For Final Restraining Order Hearings
The two very important observations that our attorneys have made when it comes to final restraining orders that you should be aware of. First, you need to keep in mind that the burden of proof in order for the retraining order to become permanent is not beyond reasonable doubt but a preponderance of the evidence. So while you will be arrested for a crime if you violate the order, it is not the criminal standard of proof that applies in terms of issuance of a final or even temporary restraining order. Instead, all that the accuser will have to establish is that there is a better chance than not that you committed an act of domestic violence and that restraints are necessary to insure protection of the victim. The second observation that you should be aware of when it comes to restraining order hearings is that, while the burden is on the victim, New Jersey Family Court judges are often hesitant to find against the accuser if there is any real evidence that an aggravated assault, simple assault, stalking, harassment or someone violation occurred. This may mean nothing more than the judge buying into the allegations that come out of the victim’s mouth at the time of the hearing. We realize that this fact is shocking, unfair, and may appear to be inconsistent as to what you have read about the law, but this is unfortunately the reality of our experience in 20 plus years in practice. You shouldn’t therefore be foolish enough to think that it is a wise move to appear at a final restraining order hearing without competent counsel.
New Jersey Final Restraining Order Defense Attorneys
We are certain that the complaint for domestic violence and related temporary relief is having a serious impact on your life. How would you feel if this became permanent? Your displacement from your home and inability to see your children freely — that all could become final if you lose your hearing. When you put things in this perspective, reason should prevail and tell you that you definitely need representation from an experienced attorney if you want to have the best opportunity of avoiding permanency of the restraints. Our defense staff can offer you these services and only a telephone call away. Contact us for a free consultation.