A restraining order can affect a lot of areas of a person’s life including relationships, employment, child custody, finances, living situation, reputation, and others. Restraining orders granted by a court due to domestic violence prohibits the subject from coming near or contacting the protected individual at specific locations such as their home, employment, or school. Initially, restraining orders are filed as a temporary order until it is finalized at a hearing and becomes final restraining orders (FRO). Because of the possible consequences of the court order, the defendant should consider having a restraining order defense lawyer on their side.
Effects of Restraining Orders
When a FRO is in place against an individual, the latter should not make contact or come near the person protected by the order, their family, household members, or even their friends. The prohibitions include not texting, emailing, or telephoning the protected party. Also, the defendant cannot own or possess a firearm. In some cases, the defendant may not be allowed to visit their children or be awarded child custody. The court may require the defendant to pay the protected party support, attorney’s fees, lost earnings, and bill reimbursements.
When a restraining order is in place, law enforcement responds to calls for a violation of the order and may arrest and charge the defendant with contempt. Also, the protected individual can file criminal charges against the defendant for violating the order.
However, even if the defendant did not violate the FRO, they can still face serious consequences. Their name will appear in the New Jersey Domestic Violence Registry and can jeopardize their job and job opportunities in some fields. And because the protected parent usually has primary custody of the children following a FRO, it can be challenging for the defendant to fight custody in the future.
Defense Against a Restraining Order
The defendant can apply for an appeal; however, this is a complex process that requires the skills of a reliable attorney. Likewise, the defendant can file a Motion to Vacate, but they should consider hiring an attorney due to the complicated legal and procedural requirements. It’s important to seek help with a filing a motion for removing a restraining order.
Moreover, the best defense against the possible consequences of an FRO is at the hearing itself. During the hearing, the defendant can tell their side of the story, provide evidence, and bring witnesses. The cost of hiring an attorney who specializes in restraining order appeals is nothing compared to the cost associated with the repercussions of a FRO. A reliable attorney can help a restraining order defendant appeal or vacate a FRO issued by a court against them.
