How To Fight A Restraining Order In New Jersey
Restraining Order Defense Strategy #1.
“Challenge the predicate act of domestic violence”
Restraining Order Lawyers in Hackensack, Morristown, Newark NJ
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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.
If the Judge finds that there was no predicate act of domestic violence, then the temporary restraining order (TRO) will be dismissed. Remember, a restraining order case is a civil matter in New Jersey, it is not criminal. As a result, the standard of proof is known as “by a preponderance of the evidence” which is a 51% standard also known as “more likely than not”.
Here are some real life restraining order cases that our NJ restraining order attorneys successfully handled for our clients:
- Essex County restraining order dismissed
- Restraining order lawyers in Morris County NJ
- Hudson County restraining order dismissed by judge after trial
- Lawyers for a restraining order in Warren County NJ
For more information, contact our NJ restraining order attorneys now for immediate assistance at 201-556-1570. The initial consultation is always provided free of charge.
Other Restraining Order Defense Strategies:
#2. Challenge the prior history of domestic violence
#3. Challenge the reasonable fear for safety.
Restraining Order Info and Overview
Basic Restraining Order Information
Restraining Order Vs. No Contact Order