Defense Against a Temporary Restraining Order
As an experienced New Jersey domestic violence attorney, I regularly get asked about the defenses against a temporary restraining order. If you are accused of an act of domestic violence, you will receive what is called a temporary restraining order. That is a document signed by a judge that will bar you from physical contact with the accuser. In addition to barring you from any physical contact with that person you will probably also be barred from having most forms of other communications such as phone contact, email, text messages and the like. Unless there are children involved in the relationship, in which case there may be some limited amount of communication over the children but most of the time during the issuance of a temporary restraining order, you will probably be pretty much barred from any kind of communications with the plaintiff who is the person accusing you.
I advise clients that the stakes are high obviously for you because a temporary restraining order doesn’t sound too bad, but the ultimate object is to obtain a final restraining order, and if that is imposed upon you, you’re going to face some very serious consequences.
The first thing that happens in a temporary restraining order, in addition to all the restraints and you being kicked out of the home if you share one with the accused, if you own a firearm that will be immediately taken away from you, along with any other weapons, like hunting knives, bow and arrows, etc. If the restraining order is finalized, you will forever be barred from possessing a firearm. That’s important, especially if you need a firearm in the course of your employment, such as if you are a police officer a hunter. So that is only one of the consequences that you would face.
It’s very important that you contact an attorney who can guide you through this process and prepare you for the final restraining order hearing, which will occur within a week or two after from when the temporary restraining order was imposed. You need to get your ducks in a row as soon as possible. That’s why I urge and encourage you to call our office and speak to one of us. We’re all very competent and have a great deal of experience in this area and would be happy to represent and defend you against a restraining order.
If you are facing a temporary restraining order, contact one of our experienced attorneys today. I have recently tried Temporary Restraining Order cases in Morris and Hudson County and would be happy to assist you if you are facing a Temporary Restraining Order or have filed one.