Defending Against New Jersey Domestic Violence Restraining Orders
Being served a restraining or protective order can be confusing and difficult to come to terms with. It could keep you away from your home and children, potentially even affect your job. Although it may seem horrible to be served these papers by the sheriff, a dedicated attorney could help you in defending against New Jersey domestic violence restraining orders. By working with a lawyer, you may be able to mitigate the consequences of an order or even have the order dismissed.
Accidental Violations of a Protective Order
If a person was not successfully served the restraining order, they may inadvertently violate certain terms without even knowing about the order. Depending on the situation, they may be facing significant legal jeopardy. This commonly takes the form of contempt of court charges in addition to any harassment, assault, or battery charges. However, simply contacting the other party because one was not put on notice of the order would likely not be considered contempt. If the alleged violation was for harassment or another act of domestic violence, the filing party might then amend the restraining order to include those actions.
The best way for someone to understand their rights after being issued a restraining order is to contact an attorney to protect their rights. Any violation, whether it was meant or not, could lead to continuing legal complications and consequences.
Immediate Steps to Take After Receiving a Protective Order
The first step that someone should take if they have a restraining order filed against them in New Jersey should be to contact an attorney. When someone has a restraining order, they are often prohibited from seeing their children until the matter is handled or responded to in court. An individual may be allowed to interact with someone’s family if there is a restraining order against them depending on whether or not the family members are listed under the restraining order. Sometimes family members are included, and other times, they are not, but the individual will be prohibited from sending messages through third parties to the protected party.
Contacting an attorney could help someone understand what their rights are and how to proceed with defending against a local domestic violence restraining order. They should not wait until the hearing approaches because it may take time for them to retain an experienced attorney and for the attorney to review everything that has occurred and prepare for the hearing.
Evidence in Domestic Violence Protective Order Cases
The type of evidence and documentation that should be collected for this type of trial or hearing depends on the allegations listed in the restraining order. If someone has evidence to disprove those allegations, it should be provided. If someone has put in their restraining order that the other party was threatening and abusive, but they have text messages to show that it was the other person who was threatening and abusive, they should submit those texts.
Additionally, video or home camera footage could also be prepared to refute someone’s allegations, as well as emails between the parties disproving what the other person said. If the accused individual was injured in an act of domestic violence and has related medical records, yet the other party filed against them, those records should be shown.
However, the most important thing to remember is that every case is different. An experienced attorney can tell an accused individual exactly what they need. It is critical to reach out to an attorney immediately because, in many cases, they will need time to gather these documents or proofs.
How an Attorney Could Help Defend You
An experienced attorney could help someone in defending against New Jersey domestic violence restraining orders by strategizing with you and determining what proof is needed. A capable attorney should know the elements of the statute that must be disproved, prepare the witnesses, and issue subpoenas to relevant parties. To get started, schedule a consultation right away.