Houston, TX asked in Domestic Violence and Family Law for New Jersey

Q: What can you do if a person files a false restraining order on you in New Jersey?

Once the word divorce came up she waited two weeks and as I'm working on our farm she tells me she is going to file a restraining order on me. That because I raised my voice in an argument she doesn't feel safe. When she filed she talked about a disagreement we had over 2 years ago and had my step daughter file over something that happened 10 years ago. She then had my 19 year old daughter file stating I yelled at her 2 years ago to get a COVID test. How do I fight this. She is trying to ruin my name and my life.

Related Topics:
3 Lawyer Answers

A: You can only fight it by going to court (which is mandatory) with a good lawyer on your side. Unfortunately, she has the upper hand in this matter and you need to try to even the playing field.

Leonard R. Boyer agrees with this answer

A: What you really need to do is to retain an experienced matrimonial attorney to fight the Domestic Violence charges in Family Court. But, if there are any criminal charges filed (which are separate from the Family Court Proceeding for a Permanent Restraining Order) then you need a criminal defense attorney. In determining your choice of an attorney, there are many factors to consider, including but not limited to, can you contact the law firm's office 24/7 and speak to a live person and you should look at how the attorney is ranked on AVVO all-time nationwide. You should also consider the attorney's reviews. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price.

A: Thank you for your question. If you have a temporary restraining order against you then it would be beneficial to speak with a family law attorney to discuss your rights and options for the Final Restraining Order hearing which is how the allegations against you are disposed of with the Court.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.