Thomas Carroll Blauvelt

3 consequences you face if you don’t contest a restraining order

Compared to criminal charges, a restraining order may not seem like as serious of an issue. It only imposes penalties if someone gets caught in violation of the order and won’t necessarily turn up in background searches.

If a member of your family or household member has requested a restraining order against you, fighting back against that request is one of your rights under the law. Taking the right steps now and help you avoid the worst consequences of being subject to a domestic violence restraining order in New Jersey.

What are some of the possible consequences you would face if the other party succeeds in obtaining the order? 

You may have to change where you live or work

Depending on your relationship with the other party and your current personal situation, you may need to drastically change your life to comply with the restraining order. You may have to move out of your primary residence or leave your job if you work at the same company as the other person and are unable to do your job while complying with the terms of the restraining order.

The restraining order will also limit your right to socialize and even patronize local businesses. If you go someplace where the other person is present, you will see typically be the one who needs to leave if they were there first.

You could be at a disadvantage for custody proceedings

If you share children with the other person involved in the situation, your custody rights are potentially at risk. The courts will look at substantiated allegations of domestic violence or personal instability when making custody decisions.

Being subject to a restraining order, even if the order does not involve your children, could affect how the New Jersey courts split up parental rights and responsibilities in a litigated custody issue.

You may lose some of your rights

Someone else seeking a domestic violence restraining order against you won’t just affect your personal life or where you live. It could also potentially affect your profession and your hobbies.

Federal law imposes firearm ownership limitations on those subject to domestic violence restraining orders. You could lose your right to legally possess a firearm and could face charges if caught with one in the future. You may also be in a vulnerable place if your profession involves law enforcement or security services.

Understanding the possible implications of a restraining order could help you decide to fight back against the requested order in court.

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