Fight A Restraining Order In New Jersey
Restraining Order Defense Strategy #1.
“Challenge the predicate act of domestic violence”
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There are three things that have to exist in order for a final restraining order to issue, and as a result, there are three ways that I can fight against restraining orders. If I can cast doubt on any of the three requirements for a restraining order, it will not be issued.
The first requirement is that some incident of abuse or harassment took place. This is known as a predicate act of domestic violence. It is not enough for an alleged victim to claim that something bad happened, they actually have to prove it. This can be established by showing pictures, potentially revealing email or cell phone correspondence, testimony from the victim or any potential witnesses, etc.
This is the first element that I have the opportunity to disprove in an attempt to get the restraining order thrown out. I can challenge the credibility of the witnesses, discredit any evidence that is admitted, and cross-examine the victim on any discrepancies with their version of the facts.