What to do if you’re the subject of a restraining order?

On Behalf of | Feb 24, 2021 | Criminal Defense

If someone believes that you may subject them to physical, emotional or other types of harm, they may pursue a restraining order against you. In many cases, a temporary order will be put into place until a formal hearing can be held. At this hearing, you will be given an opportunity to prove to a New Jersey judge that it should be rescinded.

Stay on your best behavior before the hearing

It’s generally in your best interest to adhere to the terms of a temporary order even if you don’t agree with it. Ideally, you’ll resist the urge to call, text or other attempt to contact the person who sought the order. This is because a seemingly innocent attempt to apologize for your actions could be seen as a willful violation of a judge’s instructions. If a judge finds you to be in contempt of court, you could receive a fine, jail time or both.

Remain composed throughout the court proceeding

There is a chance that whoever sought the restraining order will try to provoke you during a court hearing. However, showing signs of aggression while in a judge’s presence may only strengthen the case against you. Therefore, it is important to remain calm, composed and polite regardless of how others act in the courtroom.

What types of evidence can be used to clear your name?

Generally speaking, a judge will allow you to introduce witness testimony that might cast doubt on the plaintiff’s case. You may also be allowed to introduce emails, text messages or social media posts that might undermine the credibility of your accuser. A criminal law attorney may provide insight into how you can use this evidence to your advantage during a proceeding.

While it may not feel good to have a restraining order issued against you, it doesn’t mean that you’ve done anything wrong. Instead of lashing out, it may be best to hire an attorney who may be able to assist in the process of getting the order repealed.