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How do I prepare for a final restraining order hearing. New…

How do I prepare...

How do I prepare for a final restraining order hearing

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

New Jersey

Lawyer's Assistant: Has anything been filed or reported?

My husband filed a temporary restraining order against me. He decided to proceed in making it final and we have a trial date set

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Customer reply replied 4 months ago
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Answered in 36 minutes by:
3/11/2018
Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 869
Experience: Family Law Attorney in Private Law Firm
Verified

Hi, I’m Sean and I will be assisting you as an expert today. I’m an attorney with more than 20 years of experience. It is my goal to provide a solid overview of your situation. Whether the analysis is good or bad as to your matter, I want to make sure you understand any points you need and that you have options to better address the questions you have. If I am able, I will also provide you with some resources. Please note that the system, independent from me, may offer a phone call. You are not obligated to engage in a phone call, but I am happy to speak if you desire. This is completely up to you.

Give me a moment to look over your information and I will provide an overview for you.

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When a Temporary Restraining Order is entered, it can become a Final Restraining Order. In order for this to happen, there will have to be a trial, hence your having a trial date.

At the final hearing the Plaintiff, in this case, your husband, will have the burden of establishing that the alleged act necessitating the restraining order occurred and if the plaintiff, here your husband, is in need of protection. This will be decided by a judge only and not a jury.

The hearing will be conducted pursuant to New Jersey Court and evidence rules meaning that all evidence must be property admitted. You husband will also have to testify to establish the need for the restraining order. You, as the Defendant will be able to cross examine the Plaintiff. You are also allowed to present evidence and both of you may call third party witnesses.

At the end of the hearing, if the Plaintiff has carried the burden and shown that the restraining order should continue, then it will be made final. If he has not, it will not become final and will be lifted.

As the Defendant your approach would be to show the underlying act or acts did not happen and that there is not a need for the restraining order to continue. Particularly if there are witnesses that witnessed what actually happened, they would be critical for the Judge to hear.

Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation.

If you have any follow up questions it would be my pleasure to answer them. As experts we only get credit for the time and effort we spend on our answers if you rate us positively - 5 stars is definitely appreciated but not required! There is no cost associated with you rating me and you can still ask follow up questions after rating me and I will respond.

One final point, there may be a delay between your question and my answer; this is because I'm either not at my computer or helping someone else but rest assured, if you ask, I will provide an answer. Thank you again.

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Customer reply replied 4 months ago
My husband and I had a incident. Alcohol was involved and I completely blacked out. I don’t remember what happened at all. He claimed I punched him in the face. Brought me to the police station and told them this but I wasn’t arrested. I then when to his house to try and talk to him and the police were called. Again I wasn’t arrested and no complaint or charges were filed. The next day when I woke up I tried calling him to see what happened and he wouldn’t answer my calls. I sent him emails and texts apologizing for what happened and begged him to speak to me. I called him over 100 times. During the time the incident was occurring I also called his boss and accused them of being together. This is an isolated incident. I am a nurse and I am worried about this going final. I understand he wants nothing to do with me and I am prepared to file for divorce. I just don’t want a final restraining order on my record.

The strong points for you on this are that he took you to the police station and nothing was done. Also the fact that the police did not make any arrest on the second occasion.

I would say that it is likely best to avoid repeated calls, but that it would not be a bad idea to reach out a single time and offer to address resolving the restraining order and begin the process of divorce. That is often the change for folks that have started down the restraining order road. The restraining order only addresses the one thing, contact, it does not address the underlying issue of a divorce.

If you do have to go to a hearing, you will want to press hard for evidence of any physical injury. The police not making an arrest on two different occasions tells me that he had no visible injuries. Without injuries or evidence of an arrest or something other than his word that it happened, he will be hard pressed to prove that the incident took place.

As well, it will be important to show the Court that since the temporary restraining order there have been no issues of it being violated and that there is no need for a restraint in the future as you plan to file for divorce to resolve everything.

I hope this helps and 5 star ratings are always appreciated. You can also continue to ask questions after you rate me.

Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 869
Experience: Family Law Attorney in Private Law Firm
Verified
Sean K and 87 other Family Law Specialists are ready to help you
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Customer reply replied 4 months ago
What about the 100+ phones calls to him the next day? I wasn’t intending to harass him I just wanted to know what happened as I can’t remember a thing. I haven’t reached out to him in any way since the tro was served.
DanLegal
DanLegal, Law Partner
Category: Family Law
Satisfied Customers: 1,252
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That happened. Own up to it and simple address that it won't be happening again.

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