Defending Yourself from a Restraining Order
Having a restraining order placed against you may not initially seem like a big deal. Often, people say “I don’t want to talk to this person anyway, so who cares?”. The problem however, is that a restraining order has long-term implications for your future. When a judge approves a restraining order, you will be photographed, finger-printed, and placed on a nation domestic violence registry. Additionally, the restraining order will appear on background checks conducted, which can make applying for and finding employment difficult. Finally, you will be prevented from purchasing or owning a handgun for the rest of your life.
Clearly, these are life-altering consequences, especially if you are being falsely accused it is extremely unfair to you to have your future put into such jeopardy. The good news however, is that an experienced Morris County family law attorney has a number of ways to help defend you from false and over-exaggerated claims, and prevent a restraining order from being placed against you.
Morris County Domestic Violence Attorneys Contest Relevance of Evidence
One way your Morristown attorney can help defend you in court is by objecting to evidence not relevant to the actual domestic violence charge. Only facts relevant to the incident are allowed to be submitted to the court, and while the judge has the ultimate say on what is or is not relevant, your attorney can raise objections and contest irrelevant evidence from being entered into the court record.
Parsippany, NJ Family Law Attorneys Protect you from Hearsay
Hearsay is another kind of evidence which is not allowed to be used against you, and your attorney can object to. Hearsay is when a person testifies about what another person said without that person being present and available for a cross-examination. So for example, your accuser cannot tell the court what his or her mother has said about you or your case, unless his or her mother is present in the courtroom. Similarly, documents written by a party not present in the courtroom are also considered hearsay, and your lawyer can object to them being submitted to the court.
Randolph, NJ Lawyers Protect you from Improper Character Evidence
Finally, an experienced Morris County family law attorney will know how and when to object to improper character evidence being submitted against you. Improper character evidence is considered to be any kind of negative story or account of your past actions which are not directly relevant to the case at hand. If your accuser tries to paint you in an unfavorable light by relating to the court stories which have nothing to do with the case, your lawyer can and will object to such evidence being allowed in court.
Contact a Morristown Family Law Attorney Today
If you are currently facing the possibility of a restraining order placed against you, there is hope. As you can see, there are a number of ways an experienced family law attorney can protect you from domestic violence charges, including contesting irrelevant evidence, hearsay, and improper character evidence from being allowed during the trial.
At the law offices of Townsend, Tomaio & Newmark, we have extensive experience protecting our clients’ futures both in and out of the courtroom. With a team of highly recognized and knowledgeable family law attorneys, we have the experience, strategy, and tenacity necessary to securing your future.