How To Fight A Restraining Order In New Jersey
Restraining Order Defense #3.
“Challenge The Reasonable Fear For Safety”
(Click Here to see the first video)
The final element necessary to have a restraining order issued is to show that the victim in the case is reasonable to be in fear for their safety based on your actions. Even if one abusive incident in conjunction with a history of incidents are proven, this does not necessarily mean that a reasonable fear for one’s safety exists.
For example, if the defendant in a restraining order case has consistently called the victim a “fat pig” and made a history of harassing phone calls consistently calling her names. This shows both a history of harassment and single incident of harassment.
However, is it reasonable and logical for the complaining party to be in fear for her safety?
Just because he was calling her names doesn’t mean any threats were made and doesn’t prove that she should be afraid of him. There is a lot of grey area in this argument, and it’s all about what one can prove.
If threatening voice mails or texts have been sent, if witnesses have heard threats, or if there has been a history of injurious action to the complaining party, then there could be a good case for a restraining order. If there has only been a consistent streak of harassing phone calls, one could certainly file criminal charges for harassment, but the case doesn’t convey any reasonable reason for the alleged victim to be afraid for his or her safety.
As a result, the judge overseeing the matter has to make a judgment call on whether or not this person truly needs the protection provided by a restraining order. Casting doubt in this respect is another way that I defend against restraining order cases.