Q: Does handwriting analysis be used a burden of proof evidence in a domestic violence hearing?
I was served with a temporary restraining order, but my ex claims someone is sending her anonymous letters, it says in the (TPO) she thinks its me because the handwriting is similar, that all she has on the Temporary order, is that enough evidence for a final restraining order?
A:
This is a case where you need to sit down with an experienced family law attorney to review each of the allegations advanced against you in your ex's domestic violence complaint to determine what proofs are needed to respond to the claims / testimony needed and how best to present that testimony. This is not a setting where you are simply going to walk into the trial and simply tell the court that you didnt write the letters and think that you win as a result of your representation.
Different than a criminal law trial, a domestic violence trial is civil in nature and the burden of proof required for the court to issue a final restraining order, is the civil "preponderance of the evidence" standard - a much lower standard of proof requirement.
In looking for a lawyer, my suggestion is that you focus on looking for "certified matrimonial attorneys by the NJ Supreme Court". A certified matrimonial attorney has a specific amount of trial experience under his / her belt, is recognized by the NJ court system as a specialist and has the skill-set needed to try your matter. If you call a lawyer to represent you in this matter, ask if he is a certified matrimonial trial lawyer by the NJ Supreme Court. If not, ask how many domestic violence trials has he / she handled to conclusion in the past 1,3 & 5 years.
Conversely, if you would like to schedule a consultation with one of the partners in Diamond & Diamond to review the underlying claims being asserted against you, please call Angela at 973-379-9292 to arrange it. And, yes the firm's managing partner ( Richard Diamond) is a certified matrimonial trial attorney by the NJ Supreme Court and actively represents clients in domestic violence matters.
A: Thank you for your question. At a final restraining order hearing, both parties have the ability to present evidence and call witnesses. The judge will decide, after hearing all the evidence, whether or not to issue the FRO. In a case where the main issue is anonymous letters, evidence related to handwriting analysis may be pertinent to present. Other evidence may be important too. Hearings can be complicated and lengthy and I encourage you to consider consulting with a family law attorney who is experienced in these types of hearings. I hope this information was helpful to you.
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