Filing a false restraining order is a common way to get the upper hand when getting a divorce. While it only may be a dirty tactic for some people, it can impact the accused person’s life negatively. If you ever get served with false accusations and a restraining order, you should be prepared to take action.
A New Jersey restraining order defense lawyer can effectively fight a restraining order and help you clear your name. There are certain steps you must take to protect yourself and your rights.
Defending a false restraining order: checklist
- Confide in close friends and family.
When you get accused of something like domestic abuse or similar things, even your friends and family can turn against you. Therefore, acting early is the key. If your partner has been making threats to go to the police station or issuing a restraining order, take the hint and inform your family and friends soon enough. This way, you will likely not lose their trust.
- Follow the order.
When the person files a restraining order, you will be notified of it. You should not ignore this notice as it can negatively impact your situation. However, you should also not try to contact or meet with the person who filed it and disobey the order. A restraining order is a serious matter which you should obey at all costs. Follow the order, and hire an attorney in New Jersey for the hearing.
- Collect evidence.
The judge won’t simply believe your words if you have not been actually abusing the person named in the restraining order. You need to collect evidence demonstrating your innocence. It is much more difficult to gather evidence for something you did not do than something you did do. You need to think through the circumstances of the accusation to know where the evidence could be found. Again, an attorney can be of great help in this process.
- Keep your login information private.
It is common for married or dating couples to share their social media and phone passwords with each other. However, you must change all your passwords once you get notified of the restraining order. You never know what lengths the other person may go to to make you look like the bad person. For example, they could access your phone and send abusive and threatening messages to their phone.
- Attend the hearing.
Just because you believe you did not do anything wrong does not give you the right to disobey a government order and not attend the hearing. Court hearings are important, whether you committed the crime or not. Prepare for the hearing in advance with the help of an attorney and reach there on time. Make sure you speak carefully and avoid saying things that could potentially weaken your case.
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