How to Fight a Restraining Order in New Jersey

September 30, 2021

How to Fight a Restraining Order in New Jersey

A restraining order can make figuring out the logistics of child visitation or custody schedules difficult. Most restraining orders in New Jersey begin as temporary order. However, if the restraining order is escalated to a permanent one, you may have limited options available to fight it. For that reason, if you’re currently dealing with a temporary restraining order, it’s important that you consider your options as soon as possible.

What is a Temporary Restraining Order?

A temporary restraining order in New Jersey usually requires the offender to stop a certain action like visiting or harassing another person. Both parties must return to court on a specific date, which is usually 10 days after the temporary restraining order is issued. At this time, the judge may request additional information. During this court date, you’re allowed to share your side of the story. You also have a right to bring along your own representation.

If the offender doesn’t show up to the court date, the judge may reschedule it, or they may issue a permanent restraining order. It’s important to show up for the court date or to request a new date. Upon the completion of the hearing, the judge will evaluate all evidence and decide if the restraining order is justifiable. 

What Not to Do During a Temporary Restraining Order

Receiving notice that someone has filed a temporary restraining order against you can be confusing. You might want to reach out to them for more information.

 It’s important not to hurt your chances of fighting the order, meaning you should avoid things like:

  • Throwing away any evidence
  • Contacting the person who filed the order
  • Disobeying the rules of the order
  • Encouraging others to contact the person who filed the order

This may be especially confusing if you have children together. It’s best to follow the rules set by the restraining order and contact a lawyer. A lawyer can help you evaluate your options, without affecting your legal rights. In the meantime, you can also gather your own evidence and make a list of potential witnesses.

When to Contact a Lawyer Following a Restraining Order

Provide your lawyer with any information that you collect so they can assist you in building your case. It’s also important to keep in mind that New Jersey takes restraining orders seriously. If you violate the order and continue to reach out to the person who filed the order, you may not only lose your chances of fighting the order but could also serve time in jail.

Your actions following a temporary restraining order may also be used and considered during a child custody trial. If you end up having to go to court to fight for custody, or to determine a new child visitation schedule that works within the order, your behavior during this period may be used against you. It’s important to understand your rights without risking your future.

Contact a Marlton Criminal Defense Attorney for a Consultation About a Restraining Order in New Jersey Today

If you are dealing with a restraining order, you need to speak with a qualified criminal defense attorney. The Law Office of John B. Brennan represents clients throughout the state, including Marlton, Cherry Hill, Moorestown, and Mt. Holly. We understand how challenging this time can be for you, which is why we will fight hard to protect your interests. Call us at (856) 446-5123 or fill out our confidential contact form to schedule a consultation. We have an office conveniently located at 10,000 Lincoln Dr. East, Suite 201, Marlton, NJ 08053.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.