My ex boyfriend from over 6 months ago has filed a restraining order against me. We have to return to court next week for the hearing where judge decides if its legit for a permanent one or not. Everything my ex says on the order are completely false accusations. All he claims is that since we broke up I've called & emailed him numerous times threatening him. He is really trying to make me look like so crazy harasser and I am not that at all. I have barely even seen or spoken to the kid in months.
I guess my question is, I have to defend myself in a couple of days against this liar, and i just want to know what type of things I need to have with me, or need to say to let the judge know the accusations are false.?
First of all, staying away from him should not be an issue. The real problem is being arrested for coming too close to him.If you were a male, I would advise hiring an attorney,but my experience in NJ is that the woman is almost always believed. Simply state the truth that since the breakup you have not tried to contact him. If he is computer literate, he might have made up some e mails which would appear to come from you. Be ready for that.
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Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information.
Criminal Defense Attorney
Assuming that this matter has not yet been resolved, be prepared to challenge the factual basis. If he says that you have contacted him by either phone or email, there will be records (not just printed out emails) of the telecommunications provider through which the communications were made. Request that the Court require him to obtain those to support his assertions. Alternatively, ask for the authorization for you to get those records from his provider if he is unwilling to do the work necessary to support his claim. This will underline to the Court that his proofs are deficient. Good luck.
This answer does not create an attorney-client relationship. It is not intended to constitute either legal advice or attorney advertising. Given the nature of this website, it is offered solely for information purposes, for you to use as a starting point when speaking with a lawyer licensed to practice law in N.J. It is critical for you to consult with a qualified counsel who is admitted to practice law in NJ before making any decisions about your case.