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FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 28035
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Friend has a restraining order filed by ex-wife....states

Customer Question

Friend has a restraining order filed by ex-wife....states that parenting time is also affected. Has a pending court date on 10/28, and ex also hired the prosecutor for the divorce. We just need some answers on what to expect.
Submitted: 1 year ago.
Category: Family Law
Expert:  FamilyAnswer replied 1 year ago.

Good afternoon. Do you know the basis for the restraining order which was filed? Also, do you mean a former prosecutor was hired?

Customer: replied 1 year ago.
Ex wife took his phone, he grabbed it from her.
Apparently, she hired the same prosecutor from the restraining order.
Expert:  FamilyAnswer replied 1 year ago.

Thank you for the additional information. At the court hearing, the burden would be on the ex-wife, to show and prove there is a need to impose the order. There would be to be a fear or risk of harm, threat or danger to her and if she can not show or produce evidence to support this, the order should not be imposed. Of course, your friend can testify on his own behalf and bring in any evidence to witnesses to support his position, that this did not happen. Moreover, a prosecutor works for the State of NJ. They can represent her legal interest as the victim to the case, so if there are criminal charges, they would act on her behalf since she is the victim and prosecuting your friend. However, I do not think they could represent her in a divorce if they work for the State as well.

Expert:  FamilyAnswer replied 1 year ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!