Refraining orders are profound matters. They should not be taken lightly. Defending against refraining order can be complex since no matter how just the law is, victims always have an upper hand. As the defendant, you have chances of getting over the case if you’re able to furnish undeniable proof that proves your innocence. This however can’t be done singlehandedly. A New Jersey restraining order defense lawyer helping you is crucial since they have experience and can research and plan strategies in your favor. Click here to check their website.
How to defend a restraining order?
1] Obey the Temporary Order
You won’t directly receive the Permanent Refraining order. If the petitioner feels he has a probable threat and needs immediate protection, a temporary order is issued. This, however, should not be ignored. Obeying the temporary order is necessary, says on.ca.
2] Contact An Attorney
Your first step right after you are notified of the temporary restraining order should be looking for the right attorney. The result of your case relies on how well your attorney presents your case. Defendants have every right to prove their stance. Hiring an attorney with experience, strong communication skills, and wide knowledge and research skills will boost your chances of winning the trial.
3] Gather Evidence
Look for every piece of evidence that proves your perspective. You could look for photos, videos, objects, etc. Any document relating to the case might prove helpful too. This could include letters, computer records, and so on. Eyewitnesses who testify your absence at the location of the incident, phone records, and everything that proves your innocence should be looked at and gathered. Avoid contacting the people justifying the petitioner’s point of view, since this might be seen as an attempt to threaten them and can turn up against you.
Do not destroy any form of evidence even if it points towards your guilt since it makes you more prone to being charged guilty. Defending a restraining order has to be done tactfully since any wrong step can turn up against you.
Do not get aggressive and react furiously. Adhere to everything that your attorney says. After gauging the situation in the courtroom, the judge comes to a verdict. If dissatisfied with it, you as a defendant can always approach higher courts. For this, you need to prove misconduct in the lower court. Proceed lawfully and law will save you and do you justice.
