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.

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3 Lawyer Answers
H. Scott Aalsberg
H. Scott Aalsberg
Answered
  • Domestic Violence Lawyer
  • East Brunswick, NJ
  • Licensed in New Jersey

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

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Clifton, NJ
  • Licensed in New Jersey

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.

Bari Weinberger
Bari Weinberger
Answered
  • Domestic Violence Lawyer
  • Parsippany, NJ
  • Licensed in New Jersey

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.

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