If you wonder how to lose a temporary/final restraining order case in New Jersey, look no futher I can tell you what I've witnessed watching other attorneys and defendants do that hurt the case in chief, a final restraining order hearing. A final restraining order in New Jersey is PERMANENT. Judge Vito Sciancalepore hears most of the restraining orders in the Hudson County Superior Court in Jersey City, New Jersey. A final restraining order can affect: your job, alibility to carry a weapon, parenting time, how you travel (many face issues when traveling abroad-when they return) and other damaging effects. I write this blog as a family law and domestic violence attorney in New Jersey. In the 8 years of practice, I have represented many individuals who face a final restraining ortder throughout the State. So you want to know how you can lose a final restraining hearing? Ok, here are some tips that will not help your case (not in any particular order):
1. Showing up late without justification.
2. Dressing as if you just fell out of bed.
3. Yelling at the Judge or his or her staff (Disrespecting the Court).
4. Yelling at the victim (plaintiff).
5. Contacting the Plaintiff/Victim after you were served with a temporary restraining order.
6. Not preparing for your case.
7. Not bringing any evidence that supports your position.
8. Getting mad in court.
9. Yelling at your lawyer.
10. Focusing on the current accusation instead of building a case that may focus on: no prior restraining orders (temporary), lack of credible evidence, motives, whether or not you have to be in contact with the victim in the future and other issues that you or your attorney may find to help your case, rather than hurt it.
11. Not complying with court orders
12. Being drunk or high
13. Not bringing enough evidence to court.
14. Being arrogant and rude with the court staff.
While the above may seem totally obvious, I see the above almost every single day in the New Jersey Superior Court, whether it is Jersey City (Hudson County), Essex County, Bergen County, Passaic County, Somerset County, Union County and even further in New Jersey, I have seen odd behavior, total rudeness to the court and the staff, people coming hours late, people yelling at Judges, and on and on. You have to take a step back and allow your attorney, yourself to think clearly. To think clearly. While you may be upset or mad, or a combination of both, you must take the time to think about your case and to plan your defense. Thats what we do. We discuss the issues at hand and prepare a plan for your case, for your defense. You may even want a cross-claim or restraining order for against the alleged victim! You can if you are in fear as well.
If you have been served with a temporary restraining order, you most likely will have to appear before a family court Judge in New Jersey within 10 days of service. You should contact and hire an attorney-RIGHT AWAY. You have limited time to prepare and you need to begin working with an attorney because you are not going to get your case postponed automatically. An attorney can get you prepared and if need be, an attorney can help postpone the case so that you can prepare your defense. An attorney can also help to try to arrange parenting time if you have children together (You may not have any parenting time while a temporary restraining order is in place).
Have experience in trying many domestic violence/restraining order cases in New Jersey, we can help you WIN your final restraining order hearing. While will cannot say 100% that we will win your case but we will represent you to the best of our ability and plan the strongest defense for your case. Contact our Jersey City Office today on 973-337-9643.