Any abuse experienced in a marriage, a live-in relationship, or family can be reported to the court, and you can seek legal help instantly. After the petitioner has filed the case, the court will pass an order without the abuser’s presence in the event of abuse.
Additionally, since the court gave the order at the initial hearing, it can be served only for a temporary period, allowing the petitioner to be safe from the abuser before the final hearing. The order prohibits the abuser from meeting the petitioner or even entering their premises.
In some cases, after the temporary restraining order is over or about to be over, the petitioner may approach the court to dismiss the final restraining order, but not all petitioners are the same. Hence, if you are on a temporary restraining order or an Order for Protection, seeking a New Jersey restraining order defense lawyer is essential since he will offer legal guidance.
Here are ways on how to prepare for a final restraining order:
1. Gathering information
Although you might have been accused of abuse, you can gather the information that helps defend the case stating that a particular factor resulted in the abusive action. Even if you find it difficult to discover information regarding the abuse, your attorney will ensure to collect any information or data from you that can be best used against the petitioner.
2. Recording witness statements
In some cases, when abuse takes place, there could be people in and around the area so that those people can be considered as witnesses, and their testimony can significantly help in your defense. So, you can contact all the witnesses and record their statements about the abuse.
3. Witness testimony
Although the witness’ statements are valuable as a defense, if the witness could directly attend the final hearing and testify for the defendant about the abuse that took place, there are possibilities that the defendant may not be served with a permanent restraining order.
4. Defensive strategy
From the defendant’s point of view, the defenses are pretty limited since an order against abuse is strictly punishable by law, and only solid evidence and an incredible defense strategy can help the defendant not get a permanent restraining order by the court. Hence, the defendant and his attorney have to develop a strategy with all the information gathered about the abuse.