How Our Attorneys Can Help You with a N.J. Restraining Order
A claim of domestic violence can often involve conflicting accounts from both parties involved. However, judges will often give more weight to the testimony of the complainant, particularly if there is evidence of injury or emotional distress. In the state of New York, it is relatively easy to obtain a temporary restraining order (TRO) to protect an individual from further harm.
As your defense attorneys, the Law Offices of Patrick Parrotta will work to keep a TRO from becoming a final restraining order (FRO). We will make sure your side of the story is heard, understood and duly considered.
If you have been arrested and are being held in custody on a domestic violence charge, our first priority will be to work towards securing your release. We will take a detailed statement from you and conduct a thorough investigation to prepare for the hearing, which will take place 10 days after a temporary restraining order (TRO) has been issued.
Among the questions we will seek to answer are:
Has a true, intentional incidence of domestic violence occurred?
Are there prior incidents of domestic violence?
Is there reasonable cause for the accuser to continue to fear for his or her safety?
A temporary restraining order (TRO) can typically be lifted if the accuser is unable to provide evidence that the three elements necessary for the TRO to remain in place still exist. In cases where a domestic dispute has escalated and it is the first time such an incident has occurred, a judge may consider the defendant's remorse and willingness to take responsibility for their actions in deciding whether to lift the TRO.
Judges have a responsibility to protect individuals who are being harmed, but they also understand that couples may sometimes have disagreements and that conflicts can escalate. After a period of time has passed, such as 10 days after an incident, the accuser may view previous accusations and charges differently and may even decide to withdraw them.
Our attorneys are skilled, experienced and compassionate negotiators. As your legal counsel, we can reach out to your accuser, if appropriate.
In some cases, it may be possible to persuade the court to impose fewer or less stringent restrictions, such as allowing the defendant to spend time with their children, provided they agree to certain conditions, such as enrolling in anger management classes. It is important to have experienced legal representation to present a strong case and advocate for your rights in these situations.
It is important to have a skilled and experienced New York domestic violence defense attorney by your side to ensure that your rights are fully protected during a restraining order hearing. Our attorneys are knowledgeable and have the professional relationships necessary to seek the most favorable outcome possible for you.
Many domestic violence cases involve conflicting accounts from both parties involved. In the state of New York, it is not uncommon for temporary restraining orders (TROs) to be lifted and domestic violence charges to be dropped when the defendant has retained competent legal representation. Having a skilled attorney on your side can make a significant difference in the outcome of your case and protect your rights.