What to do if you are Falsely Accused of Domestic Violence

In New Jersey, victims of Domestic Violence are afforded expansive protections.  Upon credible allegations of abuse, the Court has the authority to force an individual to move out of their home, restrict their contact with their children and strip them of their firearms.  Individuals alleging to be victims of domestic violence can obtain a “Temporary Restraining Order” without any notice to the other side.  Once a Temporary Restraining Order issues, a Defendant will have to appear for a hearing within several days , and will have the opportunity to present testimony and evidence to convince a Court to dismiss the case.  Neither side is  generally entitled to any discovery prior to the hearing which can make it challenging for a self-represented accused to properly defend the case.  Furthermore, individuals alleging to be victims of domestic violence must only prove their case by the “preponderance of the evidence” – a far lower standard that the “beyond a reasonable doubt” standard used in most criminal matters.  Despite this lower burden of proof, if a Defendant violates either a Temporary Restraining Order or a Final Restraining Order they will face criminal charges, including mandatory jail time on their second offense. 

Final Restraining Orders do not automatically expire in New Jersey, and the impact it can have on a Defendant’s life and career can be permanent.  Given these severe consequences, if you have been served with the Temporary Restraining Order, it is vital that you understand your rights and defend yourself.  Many times when someone is falsely accused of domestic violence, they themselves have been victimized by their accuser and may need to apply for their own Restraining Order.

The attorneys at Maleski, Eisenhut & Zielinski LLC understand these situations, can explain your options and prepare the best defense for you against these very serious and incredibly damaging allegations.