Domestic Violence Charges and Temporary Restraining Order Dismissed in Court
January 17, 2020
Just recently, our firm was retained by a client who had been accused of simple assault, terroristic threats and harassment in a domestic dispute with their spouse. The police had arrested and charged our client with these criminal offenses, along with a Temporary Restraining Order, based solely on the allegations of his spouse. Unfortunately, this scenario is very common when you are dealing with domestic violence situations. law enforcement officers frequently arrest and charge defendant’s regardless of whether the defendant admits or denies the allegations. For our client, this was exactly the case as the victim, his spouse, made very outlandish and exaggerated allegations of domestic violence without any proof to support her claims. Also, due to the restraining order, our client was forced out of his home and left to find temporary housing, at his own expense, with just a few of his personal belongings!
How To Get A Temporary Restraining Order Dismissed?
Temporary Restraining Orders are generally issued liberally and are based on one-side’s facts. This is due to the fact that New Jersey’s Prevention Against Domestic Violence Act provides a great deal of protection to alleged victim’s of domestic violence, even if it is at the expense of an innocent defendant. Generally, these orders will require the immediate removal of the defendant from any shared residence with the victim, forfeiture of the defendant’s weapons (if they possess any), no-contact order with any children they may share with the victim, financial assistance for the victim as well as other ancillary issues. Moreover, unless the victim voluntarily dismisses the restraining order, the only way to get the matter dismissed and removed is to have a restraining order hearing before a Superior Court Judge. You should consult with an experienced Restraining Order Attorney in Burlington County for more information on how to fight a Temporary Restraining Order.
Evesham NJ Criminal Lawyers for Domestic Violence
Being labeled as a domestic violence abuser is a stigma that will follow you like a a scarlet letter. Unfortunately, most people will jump to judgement based only on an allegation in a he-said-she-said scenario. It is imperative that you get your side of the story presented to the court in any situation where you are being wrongfully accused. If you have pending charges for simple assault, harassment or terroristic threats in Evesham, Marlton, Pemberton, Burlington, Bordentown, Shamong, Tabernacle, Moorestown, Cinnaminson, Palmyra, Medford, Mount Laurel or North Hanover, please contact our office for an immediate consultation.