While the intent of a restraining order is to ensure that those who have experienced domestic violence are protected, it becomes possible for people with less than honorable motives to make false allegations of abuse. If you have been accused of domestic violence and have been issued a restraining order, it is important to work with dedicated Middlesex restraining order lawyer right away.
If a restraining order has been filed against you in Middlesex County, you are not barred from taking action while claims that may be untrue are made. Contact an experienced criminal attorney with the determination to fight for your rights.
Defining Temporary Conditions
A temporary restraining order is issued to provide temporary protection to people who have experienced domestic assault. To obtain a temporary restraining order, the accuser must present evidence that is sufficient to establish that they are the sufferer of abuse and have a reasonable belief that the abuse will continue.
Temporary restraining orders are in effect until a hearing, which determines whether the court will grant a final restraining order. The hearing is typically scheduled less than two weeks from the date that the temporary order is granted.
Finalizing a Restraining Order
The final restraining order is ordered by the court after a full hearing, during which, a Middlesex County restraining order lawyer can present evidence, and cross-examine the other’s witnesses. A final restraining order is valid in all other states and will serve to bar all contact and communication with the other party using direct or indirect methods, which includes passing messages along by third parties. Although it does not require extensive evidence to obtain a temporary restraining order, to obtain a final restraining order, there must be sufficiently credible evidence presented.
Burden of Proof
The burden of proof to obtain a restraining order in East Brunswick is a lower threshold than is required in a criminal court. The burden of proof for the person seeking the restraining order is a preponderance of the evidence, which means that the evidence establishes that it is more likely than not that the elements necessary to prove the case have been met.
What are the Common Elements of Proof?
There must be proof that the abuser threatened the accuser and that a reasonable person in the same situation would have felt threatened. In domestic violence case, they must establish that there was a history of abuse.
The elements include establishing that the abuser intended to harass the plaintiff when the case is not a domestic violence case. The accuser must establish that the restraining order is necessary to protect them.
Speaking with a Lawyer
Some people try to use restraining orders to subvert a court’s decision in custody and divorce cases or to punish a current or former partner. Judges have some training in recognizing when restraining orders are being used as a weapon.
However, for one’s own sake, it is best to take a proactive approach, rather than solely relying on the judge to see the falsity in the claim. If you have been falsely accused of domestic violence or sexual assault, consult with a skilled Middlesex County restraining order lawyer.