I had a tro and the harassment charges were dismissed. Thrn another tro was filed and the judge tried me on the original tro yet the charges were dismissed by judge and proscuter. This is againt my constitional rights and must file emergant appeal, correct?
Any findings or discussion involving harassment must be removed and is againt my consitional rights as i was tried and dismissed.
Family Law Attorney
Not necessarily. A criminal charge issued by the state and a restraining order initiated by a private party are separate cases and are subject to separate standards of proof and legal elements. It's entirely possible for criminal charges relating to one incident to be dismissed, but for a civil restraining order related to the same incident to be upheld. You need to consult in private with an attorney if this is your situation.
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1 lawyer agrees
Divorce / Separation Lawyer
Were these both Municipal Court criminal cases, or was one criminal and the other civil? If both criminal, you should consult with a criminal attorney to learn if res judicata obtains to criminal matters that were dismissed, vs. heard and decided.
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Divorce / Separation Lawyer
I'd need the same info Curtis has referenced.
Use of prior DV is a somewhat complex area. If a plaintiff establishes that a current incident (usually harassment) is ambiguous, a judge can review prior incidents between the parties in order to give the current incident context so as to determine whether it qualifies as DV. That's a little complex... example in Supreme Court case: X says to Y "I'll bury you." At trial, X says it was intended in the legal sense - "I'll bury you in court." Y says he meant "bury you in the backyard." Court was to look at prior history and threats to give context to the statement and decide whether a FRO was warranted. (Good "Cesare v. Cesare domestic violence new jersey" and read up).
Not sure if that helps. Generally, I'm not a fan of punting every question here with "see a lawyer", but DV has hugely serious implications, to your case (custody, etc) and otherwise. Be careful about doing this on your own based on what you read on internet boards.
IF YOU LIKE THIS ANSWER AND APPRECIATE THE TIME IT TOOK TO WRITE IT, PLEASE SELECT IT AS "BEST ANSWER." Thanks. The above is said without seeing your case file and without my understanding the entirety of the facts of your case. Depending on those facts, the above information be may incomplete or may be completely inaccurate. The above is intended as general information only based on what you described and not as legal advice. I advise you to consult with counsel who may be able to provide better information commensurate with a better understanding of your situation.