In New Jersey, there are three mains types of restraining orders. These include TROs or Temporary Restraining Orders. Second are the FROs, or the Final Restraining Orders. And, finally, one can be charged with separate restraining orders for sexual assault, stalking, or lewd behaviors. Sexual assaults are far more common than most people believe. It is estimated that 28% of females experience sexual assault in the United States. Furthermore, while women are the primary victims of most sexual assaults, sexual assaults are also common. It is also a reasonable assumption that with changing culture and changing perception of sexuality, more men feel comfortable speaking up about sexual assaults than before. If you have received a TRO from police in New Jersey, you need to speak with a New Jersey restraining order defense lawyer immediately. Below are three implications that mandate speaking with a lawyer essential.
Standard of Proof
Restraining orders are commonly granted in domestic violence cases, wherein the standard of proof varies greatly from criminal cases. For example, in domestic violence cases, the victim has to prove that the assault ‘more than likely’ took place. As domestic cases often lack the hard form of evidence, evidence from third parties like neighbors, counselors, and others paints the picture for furthering the case. This standard of proof is essential to understand in order to build your defense or offense in a legal case.
Many defendants often violate restraining orders. This is mainly because restraining orders bring about a sea of changes after the verdict. On one hand, one can lose access to your home, your family, your tool and gears needed for work, and more. Furthermore, victims can demand health insurance, child support, and even rights to the property. This implication is really important to consider from the point of view of a legal system that sympathizes with the victim. Hence, a restraining order can be the start of a long and dark tunnel if you get a sentence. If you have been accused of being a perpetrator on false charges, be sure to take all the legal help that you can.
During restraining orders, defendants can be charged after a police report. These cases are unusual; however, if one has threatened physical security, and it has been proven through credible witnesses, such cases can lead to immediate arrests. Moreover, according to New Jersey laws, individuals can also lose access to firearms apart from other important penalties like access to a home, family, and more.