How to dispute a restraining order

How to dispute a restraining order

In New Jersey, restraining orders are legal under the purview of the Prevention of Domestic Violence Act, which was first enacted in In the law was revised and now includes several different kinds of relationships and felonies beyond sexual violence.

Violations of restraining orders are set forth in N. A judge determines the issuance of both. Restraining orders restrict one named person from contacting or coming within a certain distance of another named person for a specific amount of time.

The orders are preventative measures to protect victims of domestic violence from any future act of domestic violence.

The orders also bar the defendant from going to the residence or work place of the victim. Restraining orders are court-ordered documents and do not automatically expire if the victim and abuser reconciles. If the victim and abuser come into contact while the order is in place — even if the contact is made willingly from both parties, such as attending therapy together — the defendant can still face criminal charges.

See All Reviews. Temporary restraining orders, or TROs, are court ordered to temporarily protect a victim of domestic violence from their abuser. A plaintiff can file a domestic violence complaint and ask for a TRO with the Domestic Violence Unit of the Family Division, located at the County Courthouse, or with a local police department.

If filed locally, the complaint must be taken at a police department local to where the plaintiff lives or is sheltered, where the defendant lives, or where the act of domestic violence took place. If the complaint is made locally, the police will contact a municipal court judge, who will hear the request and may issue a TRO in person or over the phone.

If the complaint is made with the Family Division, court staff will meet with the victim to determine eligibility for the TRO. Afterwards, a judge or domestic violence hearing officer will hear the case as soon as possible and may order the TRO.

Once a TRO is ordered, law enforcement officers will serve the defendant with the order and the date of the final hearing, which will be scheduled within 10 days after the TRO is issued.

Law enforcement will also seize all firearms in the possession of the defendant. If the defendant lives in the same residence as the plaintiff, the defendant will be required to leave and stay somewhere else while the TRO is in effect. TROs last until a judge issues a further court order that either extends the length of the original TRO, removes it, or replaces it with a final restraining order.

During the hearing, both the victim and the alleged abuser may present testimony to a judge. In order for the judge to issue a FRO, the judge must find the following:. If the judge considers all of the evidence and finds all three 3 of the above elements, they will issue a FRO. A judge can still order a FRO even if the defendant is not present at the hearing.

These orders may dictate several different types of protection for the victim, including:. A defendant will no longer be permitted to legally own a firearm in New Jersey. If the application is made by the plaintiff, the court will question the plaintiff extensively to determine if he or she will be safe without the benefits of a FRO in place. If the judge is satisfied, the FRO will be dismissed. It is criminal Contempt of a Court Order, in violation of N. If a violation is alleged, New Jersey law requires a mandatory arrest.

See N. A violation can be as minor as a phone call or text message. A second violation of a FRO calls for a mandatory thirty 30 days in jail, as required by N. Domestic violence can be a single act or a pattern of physical, sexual or verbal abuse between two parties who are currently or were previously in a romantic relationship, have or are expecting a child together, or have lived together.

New Jersey law defined domestic violence as the occurrence of one or more of the following criminal acts between these two groups of people. The Prevention of Domestic Violence Act protects people who are 18 years or older, or who are an emancipated minor, and who have suffered acts of domestic violence at the hands of:. If the abuser is younger than 18 years old and is not emancipated, the case is not considered domestic violence in New Jersey, but is rather a juvenile delinquency case.

Once a TRO or FRO has been obtained, there is a very specific legal process plaintiffs and defendants must follow to modify the order. Even if the plaintiff and the defendant reconcile, or if the plaintiff chooses to drop charges against the defendant, the restraining order is not automatically dismissed.Fighting an order of protection also known as a restraining order is difficult; as they are protective measures for people who were already victimized, the court takes them very seriously.

Once a protection order is issued, the court ultimately has the authority to decide whether it should stay in place.

how to dispute a restraining order

Even if the plaintiff—the person who originally requested the order—files a motion to dismiss, the judge may decide to keep the protection order in place for the plaintiff's continued safety. However, it is possible for a respondent in a protection order case to successfully fight it.

Do not violate any portion of a temporary protection order. Usually the first time a respondent hears about a protection order against him is when it is served on him by a professional server or law enforcement; the order is not enforceable or effective until he has been properly served.

You must carefully adhere to the terms of the temporary protection order as long as it is in effect, even if you plan to fight it. Temporary protection orders are issued as a short-term protective solution.

They protect the applicant, based solely on her claim that she needs protection, until the court has sufficient time to schedule a hearing at which both parties may present their cases for and against the protection order.

Once the judge hears both sides of the story, he will decide whether to turn the temporary protection order into a permanent protection order. Gather evidence and retain a lawyer as you prepare for the hearing, which is typically held anywhere from one week to thirty days following the plaintiff's application for a protection order.

This hearing is the respondent's first opportunity to fight the protection order. Relevant evidence can include witness testimony, police or medical reports, and written communication. You must attempt to demonstrate that the plaintiff is not actually in need of protection from you. Attend the hearing and present your case clearly, accurately, and descriptively to the judge. The judge will then decide whether or not to issue a permanent protection order to keep the applicant safe from you long-term.

4 Tips to Deal With False Allegations

If the judge decides at the hearing to issue a protection order against you, you may continue to fight it by filing a Motion to Dismiss. Here, the process varies widely from state to state. Often, you must file paperwork supplying information about why you think the protection order is unwarranted.

The court will then set a date for another hearing, at which both parties will again present their cases. Some states have restrictions on how long a permanent protection order must be in place before the respondent is permitted to contest it again. For more specific information, visit the courthouse where the protection order was issued, or a lawyer. Information is also often made available on the state or county's District Attorney, sheriff, or court websites.

Based in northern Virginia, Rebecca Rogge has been writing since She holds a bachelor's degree in journalism from Patrick Henry College and has experience in teaching, cleaning and home decor. Her articles reflect expertise in legal topics and a focus on education and home management.

By: Rebecca Rogge. About the Author. Photo Credits.Spurned lovers in sitcoms are threatened with restraining orders so frequently, one wonders if the other characters understand the concept.

To warrant what is also known as a protective ordersome form of intimidation or abuse must be clear to a court. This is a good option for victims of abuse who need a fast and legally binding way to prevent contact with the abuser. If you or anyone you know fears for their safety due to the actions of an abusive current or ex partner, take action immediately. We compiled a guide to how a restraining order works and whether it is the right solution for you.

Note that laws vary based on your state of residence. A restraining order is a court order intended to protect you from further harm from someone who has hurt you. It works to keep the abuser away from you, to stop harassing you, or keep the abuser from the scene of the violence, which may include your home, place of work, or apartment. It is a civil order and it does not give the abuser a criminal record.

A victim of domestic violence can obtain a restraining order. The term includes any person who has been subjected to domestic abuse by a spouse or a present or former household member. A victim, of any age, who has been subjected to domestic violence by a person who says they will be the parent of the child when the pregnancy is carried to term is also covered by this law.

A victim, of any age, also includes any person who has been subjected to domestic violence by a person with whom the victim has had a dating relationship. Domestic violence involves the occurrence of one or more of the following acts committed against a victim by an adult or an emancipated minor:.

If you are a victim of domestic violence, a judge can sign an Order of Protection that requires the abuser to obey the orders of the court. When you first get protection under the law, it is only temporary. The order is called a T. You must return to court on the date indicated in the T. Both you and the abuser will be asked to appear in court on that date. During the day period, the police or Sheriff's Office will serve the abuser with a copy of the order so the abuser will know when the hearing is scheduled.

Keep a copy of the order with you and give a copy to the police in any town where you think the abuser might bother you. A court date will be set and you will appear before a judge.

how to dispute a restraining order

You will have the opportunity to explain your situation to the judge. You will usually appear before a judge without the abuser being present. When you return for your second appearance in court, on the date indicated in your order, the abuser has a right to be present.

Both you and the abuser will have the opportunity to tell the judge what happened between you. You are allowed to bring a lawyer to this hearing, but it is purely your choice.

At the end of this hearing, the judge will determine if you should receive a final order, for how long, and under what conditions. If the abuser does not appear at the hearing, the judge will either continue the temporary order in effect until the abuser can be brought into court, or will enter a final order if there is proof that the abuser was served with the T.

The sheriff or police should have proof of service. You can not be asked or told to serve papers on the abuser. If you don't appear and have not made arrangements with the court to reschedule the case, someone from the court will attempt to contact you by phone at home or at work, or they may send you a certified letter if you have no phone.

The courts take domestic violence very seriously and will be worried about your safety if you do not call. If they cannot find you, your restraining order may be dismissed and you will no longer have the protection granted in the order.However, in instances where violence or stalking has occurred, the fees are waived. Also, if you cannot afford to pay the fees, they can be waived. Again, these fees are waived if violence, stalking or an inability to pay exists.

Restraining Orders. For a restraining order to be valid, the restrained party must be properly served. A person qualifies for a Domestic Violence Restraining Order if, based upon threats or abuse, there is an immediate and present danger of violence, stalking or abduction by an abuser to the named person or their household members including children.

There are three types of restraining orders. Law Enforcement Officers telephone the on-call magistrate, available 24 hours a day, 7 days a week, who grants the order based on immediate concerns. An EPO expires in 5 court or 7 calendar days.

This is good for a maximum of 25 days. A Permanent Restraining Order is granted in court by a judge. It is valid for up to five years. If a restraining order is sought as a result of documented domestic violence, the fees are waived. Simply bring your report obtained from the police agency that handled the incident or report number with you to the courthouse.

However, you may go to either location regardless of where you live. A restraining order prohibits any party from doing the following: Molesting, attacking, striking, threatening, sexually assaulting, battering, harassing, or disturbing the peace of the other parties. Living together. Directly or indirectly contacting each other. The order may allow contact for child custody exchanges. If the restrained person does not obey the order, call the police.I was dating someone a couple of months ago and during that time he asked to borrow money from me.

I let him borrow the money with the agreement that he would pay me back the following week. I made sure to write it in an email in case he stiffed me for it. In which he did and gave me excuse after excuse for not having the money. I ended our brief relationship and made payment arrangements for him to pay me back in three weeks and I told him, if he did not pay me then I would file a claim in small claims court. After making this statement he threatened to file a restraining order and an harrassment restraining order.

Can this hold up in court? I have not threatened him physically, I only sent him an email stating if he does not pay by a certain date then I would file suit. Generally speaking, it is not difficult to obtain a temporary restraining order TRO against someone, they are generally issued if someone files a simple application.

The idea is that if someone is in real trouble, they can be protected. However, generally, the courts will require a hearing to determine if the temporary restraining order should be continued, or made permanent.

Protect Your Rights Against Restraining Orders

If there is no basis for the TRO, the order will be lifted. The problem is, if there is no basis for the order, it will still cost time and effort to resolve the situation. Threatening to file a lawsuit, generally speaking, is neither harrassment nor a basis for a restaining order. My person advice: unless you loaned this guy a boat load of money, you may want to forget collecting it. You could call it the expense of finding out what a loser the guy is, and it may be worth never having to deal with him again.

My personal policy is to never loan money, to anyone, at any time. If someone really needs money, and I have the money to give, that is what I will do. Unless I really don't like the person, and it is a relatively small amount, and I don't expect to be repaid, then I will call it a loan.

If you really need to try to get this money back, then file the small claims action. Don't worry about his stupid threats. Unless you know where he is working, and you know you will be able to garnish his wages, it may not be worth going through the process. The choice is yours. Anything can happen in family court, its pretty much a joke. However, if you feel you can argue your point well enough to convince a judge, file your claim in small claims and have him served.

He cannot get a restraining order against you for harrassement because you filed a suit against him. In court explain your case and present as much evidence to support your claim as possible Show your e-mail with the date on it and if you withdrew the funds from a bank try to get a statement showing the date and time to cooberate your story by having matching dates and amounts as stated in your complaint.

He will of course deny everything and lie under oath to discredit you, but its basically all up to the judge. Come to court dressed nicely and respectfully. Have a nice attitude, and be respectful to the judge.During these challenging times, we guarantee we will work tirelessly to support you.

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This person is called the Petitioner. The protective order prohibits you from a variety of actions, such as contacting the Petitioner or coming within a certain distance of him or her. In Indiana, protective orders are typically sought against an intimate partner. To fight the protective order, you need to hire an experienced attorney and prepare for a hearing.

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Article Edit. Learn why people trust wikiHow. Co-authored by Clinton M. This article was co-authored by Clinton M. Sandvick, JD, PhD. Clinton M.

how to dispute a restraining order

Sandvick worked as a civil litigator in California for over 7 years. There are 9 references cited in this article, which can be found at the bottom of the page. Explore this Article Preparing to Fight the Order.

Appealing the Protective Order. Preparing for and Attending the Hearing. Related Articles. Part 1 of Read the order. The county sheriff will probably serve you with a copy of the protective order. The order should lay out what you are prohibited from doing: contacting the Petitioner, possessing a firearm, etc.

You may also be served a summons or a Notice of Hearing along with the order.

How to Lift a Restraining Order

These documents will inform you whether or not a hearing has been scheduled. If one has, then you will need to prepare for it. Observe the conditions of the protective order. Until you get the protective order overturned, you need to follow the conditions set in it, no matter how unfair you think they are.

If you violate your protective order, then you commit the crime of Invasion of Privacy, as well as possibly other crimes. Both criminal and civil contempt could result in you being jailed.To ensure your security while viewing this site, please use a modern browser such as Chrome or update to a newer version of Internet Explorer. You can ask for this court order if you are worried about your safety because someone stalked, harassed, threatened you with violence, financially abused you, or sexually assaulted you.

The court can order a person not to: Threaten or harass you, contact or go near you, your home, your work, or have a gun. You can also ask for protection of your family members or other household members. A Domestic Violence Order of Protection is a civil order that may be issued when a person files against a household member and there are acts or threatened acts of abuse.

A household member does not have to be living the same home, but does include the following people: Parent, child, spouse or former spouse, current or former girlfriend or boyfriend, grandparent or grandchild. A person may also file against someone who is not a household member if the person is being stalked or was sexually assaulted.

You may request a Civil Harassment Restraining Order against people who are not close to you. Petitions for a restraining order are filed in Civil Court if a domestic relationship does not exist between the victim and abuser such as roommates, neighbors, co-workers, or non-immediate family members. This type of order is not for people who have dated or who are closed related.

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Visitors to this site agree that the Second Judicial District Court of the State of New Mexico is not liable for errors or omissions of any of the information provided. Information contained on this web site should in no way be construed as legal advice. Users should contact an attorney if they require legal assistance or advice. This website cannot be viewed properly using this version of Internet Explorer. Judicial Branch Executive Branch. Overview Free Legal Help. Directorio de jueces del tribunal de distrito Jueces del tribunal civil Jueces del tribunal penal Jueces del tribunal de familia Jueces del tribunal de menores.

Perspectiva general Tribunal penal Perspectiva general. A Restraining Order is a court order that protects people from harassment. General questions will be answered and forms may be picked up Self Help Interview Hours This office does not schedule interviews.

8 Essential Things to Know About Restraining Orders

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