Have you been served with a temporary restraining order (TRO) in New Jersey? Even though this kind of restraining order is temporary by definition, a TRO can still cause major disruptions. It can bar you from your home, limit your contact with your kids, and damage your reputation, even before you get a chance to speak.
The good news is that you do have the right to fight back. The court will hold a hearing, usually within just a few days. That is where you can present your side.
TRO defense strategies vary, but they often involve proof of factors such as false claims, mistaken identity, or self-defense. An experienced restraining order lawyer from William Proetta Criminal Law is ready to provide the legal representation and strong defense you need.
Possible Options for Fighting a TRO
You do not need to prove anything beyond a doubt in a TRO case, but you do need to push back on the claims against you if you want to avoid a final restraining order (FRO).
Here are some possible defenses against a TRO that could be effective for your case:
- False accusations – The alleged victim made the complaint against you out of anger, revenge, or to gain an advantage in a custody dispute.
- No act of domestic violence – The events may have happened as alleged in the domestic violence complaint, but they do not match the strict legal definition of domestic violence under New Jersey law for a domestic violence restraining order.
- No prior history or risk of harm – A one-time argument got blown out of proportion, and there is no real risk of future acts of violence or coercive control.
- Self-defense – You used physical force only to protect yourself or others from harm.
- Insufficient evidence presented – The other person has no solid proof, like texts, witnesses, or injuries.
- Mistaken identity – The other party was confused during a chaotic incident and named the wrong individual in their complaint.
What to Do When You Receive a Restraining Order
If you get served with a temporary restraining order in New Jersey, the way you respond matters. Here is what you can do to protect yourself and avoid making the situation worse:
- Read the order carefully so you understand exactly what the court says you can and cannot do.
- Stay away from the person who filed the complaint, even if they reach out to you.
- Do not try to contact the other person through friends, family, or third parties.
- Show up to your court hearing on time and fully prepared.
- Gather any texts, emails, call logs, photos, or other evidence that supports your side.
- Make a list of witnesses who saw what happened or can speak to your character.
- Avoid posting about the case or the other person on social media.
- Follow every condition listed in the TRO, even if you think it is unfair or unreasonable.
- Talk to our experienced defense lawyer who knows how to fight a TRO in NJ.
Impacts of a TRO and Why You Should Fight It Immediately
The consequences of a TRO can disrupt nearly every part of your life. You might lose access to your home, your children, or your belongings. The court may block you from calling, texting, or seeing the other person.
If the temporary restraining order becomes a final restraining order, you could face lasting, significant consequences, including a ban on possessing firearms and a permanent public record.
Waiting to act only makes things more difficult, so you should contact a skilled defense lawyer as soon as possible.
Get Help from Our New Jersey TRO Defense Lawyer Now
At William Proetta Criminal Law, we move quickly to defend people across New Jersey facing serious accusations. If someone filed a restraining order against you, we can review your case and explain your next steps.
Contact our experienced criminal defense attorney now to set up your free consultation in complete confidence.
