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Hi my name is Travis Tore, and I'm a criminal defense lawyer in New Jersey today I'm gonna talk to you about restraining orders I'm going to give you some general information about them, and then I'm going to tell you about the three best ways I defend against the restraining order the first thing that happens in a restraining order case is a temporary restraining order is issued this means that a Superior Court judge signed a temporary restraining order against you prohibiting you from going near the alleged victim they also can prevent you from going near their work their parents house where your kids go to school or any other places that are designated in the order this means that you have to stay away from this person until the final restraining order hearing is held in court at this point the judge will determine whether a permanent restraining order should issue remember a temporary restraining order is granted as soon as the alleged victim files for it nothing has to be proven now your opportunity to fight against these charges is done at the final restraining order hearing this is where you can put on your defense and hopefully get the restraining order dismissed at the final restraining order hearing the alleged victim can testify they also could omit any evidence that they want including text messages emails they can have witnesses testify who had seen any interaction between the parties and the judge will determine whether there is sufficient evidence for a permanent restraining order after the alleged victim goes and puts their case on it is now to the defendants turn the person who's defending against the restraining order you can testify you don't have to, but you also can admit any evidence you'd like text messages emails if you have defense witnesses who can combat what the other person said obviously it'd be good for them to testify at the end of it all the judge will determine if there are grounds for a permanent restraining order if a restraining order is issued then you will be placed in a statewide database you will be fingerprinted and put in a database, and you are not allowed obviously to go anywhere near this person if you do you can be charged criminally with contempt and face up to six months in the county jail now it's important to remember that a restraining order is not a criminal charge, so this will not show up on a background check it's not on your criminal record however like I said if you violate the order there can be serious consequences on the other hand if the judge does not find grounds for a final restraining order then the restraining order is dismissed all the restraints are gone you can go wherever you want, and you don't have to worry about running into this person and potentially getting charged with criminal contempt if you'd like to see the three ways that I attack and potentially defeat restraining order cases in court click the links below each one of these links will send you to a different...
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