Being a defendant of a sexual assault or similar accusation can be extremely difficult. You can feel your life turned upside within a matter of minutes, with the challenge of facing the world on your shoulders, to prove your innocence. But remember this is not the time to panic. States like New Jersey have a high conviction rate of restraining orders. As many as 90% of cases witness approval for restraining orders. If you are facing the tough odds against the world, consider going for a New Jersey restraining order defense lawyer immediately. The following is a little legal information to aid your case.
TRO
TRO or Temporary Restraining Order are granted with a police report in order to protect the victim. The aim of these orders is to protect immediate danger to the victim, and hearings for these are set within the first ten days. Many defendants take this as a sign that judgment has slipped through their fingers. However, with a good legal defense, you can avert a TRO, as well as a FRO, or a Final Restraining Order.
Legal Rights
With TROs or FRO, many of your life’s core pillars including your family, your property, and your income are going to be threatened. For example, with a TRO, you can be immediately removed from your home, with a threat to your career. Furthermore, you may also be asked to pay legal charges for the other party including legal expenses, health costs, rent, child support, and more. It is important to prepare your legal defense considering these various potential liabilities.
Standard of Proof
Domestic violent cases differ vastly from other criminal charges as evidence here often relies on witnesses, third parties like counselors, among others. Hence, it is important to understand the standard of proof applied in domestic violence cases. Wrong hearsay can lead to complete fallout from work, social life, and worse even family members. According to the New Jersey legal framework, during restraining orders, the victim has to prove that acts of domestic violence, ‘more than likely’ occurred. This means that the judge may grant the victims a verdict if they can prove that the evidence points to more than 50% or greater certainty.
Domestic violence is far more common in the United States opposite to what many believe. It is estimated that 51% of sexual assaults are a result of domestic violence from partners, and 41% by acquaintances. Furthermore, most victims undergo assault before they turn 18. Many victims are also under the age of 10 before they file for sexual assault. Remember, if you have done nothing wrong, third parties like counselors can prove your innocence with proven methodologies like psychological counseling. On the other hand, if you are a victim, the law is often sympathetic to your cause.
