Domestic Violence & Restraining Order Lawyers

Set up with a fake or exaggerated accusation?

You are not alone. Frequently, your soon to be ex receives advice from an unscrupulous divorce attorney that they should file restraining order against you. Some just know the tricks on how to abuse the system. Some will go as far to instigate an argument or fight or simply make up an entire incident that never happened. This is because this has the effect of: (1) kicking you out of your own house - but you still have to pay the rent; (2) granting immediate custody of the children to the person filing the restraining order; (3) granting of financial relief in the form of spousal support, child support attorney fees. Many people know this trick and abuse the system, including using fake text messages, audio recordings and other types of false evidence as well as falsely claiming that there were prior acts of domestic violence that were never reported.

Beyond fraud and abuse of the system, you ex will show up to court and usually try to extort some type one sided financial or divorce settlement in exchange for dropping the retraining order. If you see this happening in your case, you should not delay. Fight back. Call us to discuss how we defend this set-up, and your reputation.

The Domestic Violence Act was established to protect victims of violence in relationships considered “domestic.” These relationships can include:

• People living together

• People in a dating relationship

• People that share a child

• Married

• Separated

• Divorced

Domestic violence offenses include:

• Harassment - non-stop texts, phone calls showing up

• Cyber-harassment

• Unauthorized AirTags, GPS tracking

• Terroristic threats

• Simple assault

• Sexual assault

• Threatening to, or releasing sex tapes on the internet or to an ex’s family, work or friends

• Stalking

The law provides for both civil and criminal relief / penalties. On the civil side, a person can request a family court to issue a Temporary Restraining Order (TRO) if and until a Superior Court Judge decides whether a permanent final restraining order (FRO) is necessary. On the criminal side, an accuser (or the police) may press criminal charges for the act of domestic violence alleged to have been committed.

Consequences of A domestic violence cASE

If a temporary restraint order (TRO) is issued, an accused can be barred from any direct or indirect contact with the person requesting the TRO, barred from his own home, and the ability to see their own children. A Superior Court family judge decides at a testimonial hearing if the temporary restraining order should remain in effect forever based upon the facts, circumstances and allegations. If the accused party were to violate the TRO, he or she could be charged with the criminal charge of contempt. If the accused were to be found guilty of contempt, he or she could be sentenced to jail, fines and a criminal record. If a final restraining order (FRO) is issued, unlike most states, in New Jersey the FRO lasts forever. Other consequences may include:

• restriction from entering or remaining in certain locations

• removal of firearms

• revocation of firearms identification cards

• name will be placed in a national registry

• fingerprints taken an placed in a databank

• immediate child support imposed

• no contact with your own children unless permitted by the court

• referral to child protective services

• reimbursement of the other party’s attorneys fees

• weeks domestic violence counseling

• drug & alcohol evaluation

  Given the seriousness of these consequences, it is important to have a knowledgeable and experienced defense team on your side. Call today to get the help that you need.