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Defending Yourself When Falsely Accused of Domestic Violence

Domestic Violence Attorneys Morris County, NJ

Protecting Clients in Chatham, Mendham, Chester, Morris Township, Harding, Mt. Olive, Morristown, and Morris County

Domestic Violence Attorneys Morris County NJDomestic Violence is a serious crime and a severe problem in New Jersey, where thousands of spousal and child abuse claims are filed every year. However, abused parties are not the only victims, being falsely accused of domestic violence can be a devastating experience as well.

Reputations, careers, familial relationships, and even legal rights can be lost based on false accusations of domestic violence by a lying, manipulative, or psychologically unwell spouse or family member, so if you have been falsely accused of domestic violence it is critical that you begin working with an experienced restraining order attorney in order to represent and defend your rights during your final restraining order hearing.

At The Law Office of Townsend, Tomaio & Newmark, we represent both the victims of domestic violence and those who have been falsely accused of domestic violence. We take the accusations extremely seriously in all situations and will fight for the legal rights of those wronged no matter what the case may be. Our team of family and divorce attorneys has over 75 years of combined experience helping victims on both sides of domestic violence claims in New Jersey.

Call our office today to discuss your needs and concerns when it comes to being falsely accused of domestic violence in a free and confidential consultation with our legal team.

Restraining Order Attorneys Discuss Legal Timelines

If you have already been accused or fear you may be accused of domestic abuse, here is what you can expect in New Jersey.

The plaintiff may request a temporary restraining order. This step is intended to protect victims of domestic violence and is granted, generally for a 10-day window. The defendants should are notified as soon as possible and are usually given a copy of the paperwork within 24 hours of filing.

A final restraining order hearing is scheduled, again, usually within 10 days of the initial complaint. This is both good and bad for defendants as there is an extremely limited time frame in which they have to prepare a defense, but it also limits the amount of time that a temporary restraining order can negatively impact their lives. If the final restraining order is granted, it is permanent. If it is dismissed, the proceedings are over. Both decisions may be appealed, however.

Police may choose to follow up the TRO and FRO reports with a criminal investigation. This is an entirely different process from the civil proceedings involved with restraining orders. Discuss this with our Morris Township attorneys for further details if criminal accusations are a concern.

Preparing for a Final Restraining Order Hearing in Morris County

It is a sad reality, but many domestic violence accusations stem from jealousy, manipulation, mental illness, or selfish individuals who will use any means necessary in order to get the desired result. This may be a form of parental alienation, which is defined as a systematic form of psychological abuse by which parents can coerce a child into fearing or hating another parent. Parental alienation and false accusations of domestic violence may come from many of the same deeply seeded reasons which can include childhood trauma, pre-existing psychological issues, or a fear of loss of control.

No matter what the reason for these false accusations, there are actions you can take alongside our domestic abuse attorneys to help ensure you will come out on the other side of this process with your legal rights and your dignity intact.

Attempt to settle the domestic violence case before the FRO hearing. This is often the best option when possible as it saves time, money, and public embarrassment of a court trial. No innocent party wants to be dragged in front of a judge and our attorneys understand that. There are two basic avenues to this end – either your attorney will work with the plaintiff to drop the case or enter into a “civil restraints” agreement, which essentially is a lesser version of a restraining order, and one which operates from both directions.

Prepare for your FRO hearing. With the help of your domestic violence defense lawyer, preparing for your hearing can involve finding witnesses, compiling evidence, and going over the specific game plan of what should and should not be done or said in court. Remember that the burden of proof is on the plaintiff, who must show that the defendant was guilty of assault, terroristic threats, sexual assault, criminal sexual contact, criminal restraint, criminal trespass, harassment, or stalking.

Contact our Morris County Final Restraining Order Lawyers Today

At Townsend, Tomaio & Newmark, our family attorneys have seen just about every variety of claimant and defendant walk through our doors in over half a century of combined time practicing law in New Jersey. It is disheartening to be falsely accused of any wrongdoing, particularly when the accusations are as serious and damaging as domestic violence. Lean on our experience to quickly resolve your case and publicly clear your good name once and for all.

We believe in working with our clients on an individual level to cater to your unique concerns. Contact us online or give us a call at our Morris County office at (973) 840-8970.