Restraining Order Defense Strategy #2.
“One of the ways to fight against a Final Restraining Order (FRO), if you are a defendant, is to show the court that there is no prior history of domestic violence. Unless the predicate act of domestic violence is extremely egregious (such as broken bones, etc.), a plaintiff must establish by a preponderance of the evidence that there is also a prior history of domestic violence between the parties. If they fail to do so, the restraining order should be dismissed.”
Passaic County Restraining Order Defense in Paterson, New Jersey
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The second element required to pass a restraining order is a “prior history of domestic violence”. Proving at least one single instance is necessary, but it’s not enough to issue a restraining order. There needs to be an established past record of such incidences occurring. This is typically proven by pulling up past arrest reports, showing complaints that have been filed, referencing calls made to the police reporting such issues, or testimony from witnesses.
Again, witness credibility comes into play, and either the complaining party can prove their case or not. If a prior history of abuse has taken place, there certainly should be a record of it, and if there isn’t, it’s going to be hard to prove in the courtroom.
However, the Judge can find, if the predicate act of domestic violence was extremely violent or egregious (such as broken bones, hospitalization, stabbing, etc.), that the Plaintiff does not need to show a prior history of domestic violence in order to prove the case. This is extremely rare.
Our NJ restraining order lawyers represent clients facing temporary restraining orders (TRO) and final restraining orders (FRO) throughout New Jersey including in Bergen County (Hackensack), Morris County (Morristown), Passaic County (Paterson), Essex County (Newark) and throughout New Jersey. Contact our offices now for a free initial consultation at 201-556-1571.
Here are some real life success stories thanks to our NJ restraining order attorneys:
- Restraining order resolved with civil restraints agreement
- Judge dismisses final restraining order Morris County NJ
- Jersey City NJ restraining order dismissed after trial
- Hunterdon County NJ restraining order lawyers
Restraining Order Defense Strategies:
#1. Challenge the predicate act
#3. Challenge the reasonable fear for safety.
Restraining Order Info and Overview
Basic Restraining Order Information
Restraining Order Vs. No Contact Order
