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xavierjd
xavierjd, Lawyer
Category: Criminal Law
Satisfied Customers: 3400
Experience:  Over 20 yrs experience in prosecution and defense work
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I just had a judge dismiss a restraining order against my husband

Customer Question

I just had a judge dismiss a restraining order against my husband for lack of evidence. I have never done this before and got blind sided by my husbands attorney. I did not know I should have an attorney and was so confused by the time I was done I didn't know what hit me. I was not allowed to enter my victims notification form into evidence nor was I allowed to rebuttals anything that the lawyer had said. My son and I now are back to looking over our shoulders every minute and I don't know what to do. We are separated and do not live in the same house. Can I appeal this decision and how do I go about doing it. Thank you
Submitted: 1 year ago.
Category: Criminal Law
Expert:  xavierjd replied 1 year ago.
Thanks for using JustAnswer.com. It will be my pleasure to assist you today.

Was the restraining order that was dismissed a "temporary" restraining order?

Was the restraining order a part of a divorce action?

Was the restraining order part of a domestic violence criminal charge against your husband?

Thanks
Customer: replied 1 year ago.

Hi. It was a temporary restraining order today was for the final. This was not part of a divorce action it was a domestic violence. He has been harassing me stalking me he assaulted my son's friend who lives with us.

Expert:  xavierjd replied 1 year ago.
Hi Nancy,

Sorry for the delay.

Have you filed for a restraining order against him before?

Have you made prior police complaints regarding the harassment, threats, etc.?

Did you file a criminal complaint for domestic violence with the police?

Was your husband convicted of a criminal domestic violence charge?

Thanks
Customer: replied 1 year ago.
No I have never filed against him before. The police were here for him stealing my vehicle and assaulting my sons friend that is how I got the victim notification form. I did not press criminal charges I just wanted it over. We have a 17 year old son together that is being drug through all of this. He has never been convicted of a domestic violence crime.
Expert:  xavierjd replied 1 year ago.
Hi Nancy,

I apologize again for the delay. My internet provider has been having problems, which in turn causes me problem. Sorry.

Did you file for a domestic violence restraining order?

Did you file for a civil harassment restraining order?

Do you know if the judge dismissed the temporary order "with prejudice" or "without prejudice?"

Thanks
Expert:  xavierjd replied 1 year ago.
Hi Nancy,

I need to get to bed. I have court very early in the a.m.

I would love to continue to work with you tomorrow afternoon and/or evening.

I am also in the EST.

Thanks for your understanding.
Customer: replied 1 year ago.
Ok I understand. I did answer your last question I don't think it went through. It was a domestic order and I'm not sure about the last question. Thank you for your time in this matter.
Expert:  xavierjd replied 1 year ago.
Hi Nancy,

If the judge dismissed the TEMPORARY restraining order, you do have a right to appeal the decision.

Below please find a link to LSNJ Law. The link provides very useful information as to how to appeal the judge's decision.

http://www.lsnjlaw.org/Family-Relationships/Domestic-Violence/NJ-Laws-DV/Pages/No-Restraining-Order.aspx#.UZfaOcqVmik


If your appeal is NOT successful, you may do the following things so that you can go to court and get another Temporary Order. This is NOT an exhaustive list.

1. Make a police report FOR EACH TIME that you believe that your husband is harassing or threatening you;

2. If you must call the police, DO SO IMMEDIATELY and follow through on prosecution.

3. Keep a log and/or calendar of each harassing phone call, text, etc. that is made by your husband.

4. Get an answering machine and make sure that you retain any message that is left for you that you believe is harassing or threatening.

5. Seek the assistance of the Domestic Violence Unit in the Court in your county. The unit can help you fill out any paperwork necessary to obtain another Temporary Order.

6. Have a safety plan for you and your family.

If you do these things, hopefully, you will be better equipped to obtain another Temporary Order, and a Final Order.

Seeking the advice of the Domestic Violence Unit in the Family Division of the Court in your county will REALLY help you. They deal with these types of situations every day. They are empathetic to the need of people in your situation, and will do everything in their power to help you.

If, finally, a Final Restraining Order is entered against your husband, it is good indefinitely. At the final hearing, as, you know, the judge will hear testimony from both parties. At this time, it will be decided whether an act of domestic violence occurred and what types of relief should be granted to the victim. At the next hearing, you will definitely be MORE prepared!

Available reliefs that can be given to you include: protection from future violence, prohibitions against contact and harassment, custody of any minor children and safe conditions of parenting time, support, rent or mortgage payments, temporary possession of personal property, professional counseling and/or prohibition against weapon possession.

 

I hope you find this information useful.

 

 

 

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions.

Thank you for your business!

Xavierjd

Many customers have asked how they can specifically direct a question to me in the future. If you specifically want me to assist you in your legal matter, just put "xavierjd” in the subject line and I will gladly pick up the question as soon as I am on-line.

***Answers given are for informational purposes only and are not meant to replace the advice or assistance of an attorney licensed to practice law in your state. If you need any more information, please do not hesitate to ask. Thank you!

 

xavierjd, Lawyer
Category: Criminal Law
Satisfied Customers: 3400
Experience: Over 20 yrs experience in prosecution and defense work
xavierjd and 5 other Criminal Law Specialists are ready to help you
Expert:  xavierjd replied 1 year ago.
Hi Nancy,

Thank you so much for the "excellent service" rating! It is greatly appreciated and I am glad that you found the information useful.

If you have future questions, you can specifically request me by name as the expert.

Thanks again,

xavierjd

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