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Is there a limit to when one can take out a restraining order and compliant against someone who ypuhad a fight with in NJ

Asked over 2 years ago - Newark, NJ

Me and my ex wife had a fight over 6 months ago
I stay totally away from her and I have just found out she is trying to get me arrested/restraining order against me I have no contact with her at all and when I pick up my child we don't even speak.
can she do this.

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Attorney answers (2)

Ronald Anthony Sarno

Reputation Level 20

Answered over 2 years ago. Litigation Lawyer in New York, NY.

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She might try to say she finds you "threatening." You might find my legal guide on selecting and hiring a lawyer helpful.
You might find my legal guide on Is it Legal? Is it Illegal? helpful.
You might find my legal guide on the understanding the different court systems helpful.
You might find my legal guide on legal terms used in litigation helpful.
(Even if you are not filing a lawsuit this information can be useful).

You might find Gabriel Cheong’s legal guide on the do and don’t of finances after a divorce helpful.
You might find my legal guide on divorce in general and in NJ helpful.
(Much of this information is valid for unmarrieds who have children together).
Essex county judges might buy it, but most are familiar with these as made up stories. If she does file such a request go in with legal counsel. Males have a hard time with these matters.
LEGAL DISCLAIMER
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.

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Howard M Weinstein

Reputation Level 8

Answered about 2 years ago. Domestic Violence Lawyer in Millburn, NJ.

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Depending upon the specific charge she files against you, there are statutes of limitations of varying lengths. However, if it was only about 6 months ago, it is not likely that she would be barred from filing the charge. That scenario does give you a good defense, however, namely that her having waited more than 6 months to report an alleged assault speaks volumes in terms of her credibility. If she were really hurt by you, why would she have waited a day, much less 6 months.

On the restraining order question, there is no specific statute of limitations, but the same issue would apply. If there was no recent allegation it would be difficult for her to prove that she is in imminent danger requiring a restraining order.

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