How Can I Fight Restraining Order?
Posted January 21st, 2014 by Anthony Carbone, PC.
Categories: Domestic Violence.
Restraining orders are made to protect someone from danger. But let’s say you were the one who received a restraining order. You think it’s unfair, you never threatened the person. How will this restraining order affect your life? And, more importantly, can you fight it?
First, let’s find out how you received this restraining order in the first place. Three conditions must be met before the order is issued:
- An incident of abuse or harassment has taken place
- You have a history of violence
- The victim has a reason to believe you plan to harm him/her
Although it won’t affect your job or show up on a background check, it will restrict you from going to certain places, especially if the person who requested the order is in the area. If you do violate the order, either on purpose or accidentally, you can expect criminal charges against you which could include time in jail.
So can you fight a restraining order? In New Jersey, restraining orders can be difficult to be removed. Usually, in order for the order to be lifted, the victim has to petition the court to remove the order and even then it’s up to the judge whether he/she feels you are no longer a threat to that person.
Are you considering filing a restraining order on someone? New Jersey lawyer Anthony Carbone is ready to help you! Contact us today for a free consultation. For more information on restraining orders, click here.