Domestic Violence Restraining Orders: What Men Need to Know
Men and fathers can find themselves at either end of a restraining order: filing for protection from a violent or abusive ex, or defending against false claims and bogus restraining orders. Many male domestic abuse victims feel isolated and hopeless after being victimized by acts of abuse, which include spousal rape, domestic battery, assault, and other forms of family violence. Acts of violence against a spouse or co-parent occur in households involving people from all walks of life, and all social, economic and ethnic backgrounds. Restraining orders along with other remedies available to spouses and co-parents in family court offer alternatives to violence in the form of protection from your abuser and financial support.
If you are a man or father in New Jersey who is sick of your spouse or ex’s abuse and harassment, a restraining order lawyer for men can help you obtain the legal protection you need. Read on to learn how The Micklin Law Group protects its clients against abusive spouses, both by filing for restraining orders and by fighting against malicious bogus restraining orders.
Emergency Restraining Order for Men
The initial step in seeking court ordered relief from domestic violence is to obtain a NJ Temporary Restraining Order. A temporary restraining order is a form of emergency relief that can be obtained at your local police station or the family law division of your county Superior Court. If you are facing an emergency on a Saturday or Sunday, you should apply for a temporary restraining order at the police department.
An experienced NJ domestic violence attorney can assist you with this emergency paperwork, but you can also wait until you have the emergency order and then retain a New Jersey family law attorney to help you prepare for the hearing on a final restraining order. If you must make an emergency request outside of court hours through the police department and your request is denied by the judge, you can reapply directly to the court during court operating hours.
If the temporary restraining orders are granted, the court will schedule a final restraining order hearing. Typically, this hearing will be scheduled approximately ten days following the hearing on temporary restraining orders.
Getting a Restraining Order Against Your Ex
Once you’ve received a temporary restraining order, you can take the steps to make it permanent. At the hearing for the final restraining orders, the court will consider formal court testimony by you, your abuser, and other relevant witnesses. The prospect of testifying under oath in a formal hearing against your abuser can be extremely daunting, but our experienced New Jersey family law attorneys can help prepare you for the hearing and represent you in front of the New Jersey family law judge.
When preparing a request for a final restraining order, it is important to meticulously document the incidents of domestic violence to which you have been subjected. The paperwork should be detailed and specific regarding the precise acts of violence, threats to cause harm, and other forms of abuse to which you have been subjected rather than just offering generalities. If your temporary restraining order is granted, the judge may impose a number of restrictions, including:
- An injunction that prohibits your abuser from coming within a certain distance of your person
- A stay away order that prevents your abuser from contacting you at home, work, school, and other locations
- An order prohibiting contact with other protected parties, which may include your children
- Prohibition on contacting the victim by mail, email, text message, telephone or any other form of communication
Our New Jersey divorce lawyers at the Micklin Law Group understand that many men feel trapped in an unsafe cycle, especially if they have been victims of a pattern of abuse over a prolonged period. Many who have suffered physical abuse, intimidation, and threats of harm at the hands of a perpetrator of domestic violence may feel that there are no possible alternatives to violence because of concerns about child custody or financial concerns. However, a NJ family law judge may also grant temporary custody orders and temporary financial support until it can be formally handled in your divorce action.
Filing a restraining order is a process that should always be undertaken with the help of a family law attorney. If you don’t take the correct steps when filing your restraining order, it is much more likely to be denied. We know you don’t have the time to go to court more than once when you’re being harassed or abused by your ex, so our attorneys will make sure we get it right the first time.
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How to Defend Against A Bogus Restraining Order
Some men find themselves defending against a false restraining order during their breakup or divorce, or at any point when their ex decides she wants to make their life more difficult. Understandably, these men don’t want their lives negatively affected by false claims of violence or harassment.
There are three things that have to exist in order for a final restraining order to be issued. If your restraining order attorney for men can cast doubt on any of the three requirements for a restraining order, it will not be issued.
The first requirement is that some incident of abuse or harassment took place. This is the first element we have the opportunity to disprove in an attempt to get the restraining order thrown out. We may address witness credibility or challenge law enforcement’s narrative of the alleged abuse.
The second element required to pass a restraining order is a prior history of domestic violence. Proving at least one single instance is necessary, but it’s not enough to issue a restraining order. There needs to be an established past record of such incidents occurring. This is typically proven through past arrest reports and complaints that have been filed. If the filing party cannot produce such documents or evidence, we can ask that the restraining order be thrown out.
The final element necessary to have a restraining order issued is to show that the victim in the case is reasonable to be in fear for their safety based on your actions. Of course, even if a history of incidents are proven, this does not necessarily mean that a reasonable fear for one’s safety exists. We will try to show the judge that your ex has no reason to fear you and therefore a restraining order isn’t necessary.
If your ex is requesting a restraining order under false pretenses, you must work with a skillful family law attorney for men to ensure this order doesn’t stick. Otherwise, your life may be negatively affected for years to come.
Domestic Violence Protection and Restraining Orders for Men
For assistance obtaining a Restraining Order, divorce, or safe custody arrangement to protect yourself from your abuser, contact The Micklin Law Group’s domestic violence attorneys for men. We have decades of experience assisting men and fathers like you, and we’ll fiercely advocate for your rights. Contact us via our website or call 973-562-0100 for a free consultation with our discreet and knowledgeable attorneys.