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  1. #1

    Default Restraining Order Procedures

    This coming Tuesday I am going to court for a restraining order. I have decided not to use a public defendant or a paid lawyer and will instead represent myself.

    Can someone give me a rundown of what the trial will be like? Will I have to make an opening statement, question witnesses, or make closing statements? Any information is appreciated.

  2. #2
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    Default Re: Restraining Order Procedures

    Quote Quoting CHasingEntropy
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    This coming Tuesday I am going to court for a restraining order. I have decided not to use a public defendant or a paid lawyer and will instead represent myself.

    Can someone give me a rundown of what the trial will be like? Will I have to make an opening statement, question witnesses, or make closing statements? Any information is appreciated.
    What state is this? Laws vary by state.

    What kind of restraining order is this? Civil harassment? Domestic violence? An attachment to custody and visitation? Criminal protective order?

    I don't know of a state that makes a restraining order hearing a criminal matter, so I am surprised that you would even be eligible for a public defender.

    (NOTE: it is "defender" and NOT "defendant" ... a defendant is a person accused of a crime and defending him or herself in a criminal trial).

    - Carl

  3. #3

    Default Re: Restraining Order Procedures

    Quote Quoting cdwjava
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    What state is this? Laws vary by state.

    What kind of restraining order is this? Civil harassment? Domestic violence? An attachment to custody and visitation? Criminal protective order?

    I don't know of a state that makes a restraining order hearing a criminal matter, so I am surprised that you would even be eligible for a public defender.

    (NOTE: it is "defender" and NOT "defendant" ... a defendant is a person accused of a crime and defending him or herself in a criminal trial).

    - Carl
    To answer your questions:

    The state is New Jersey.

    The offense is harassment. There has been no domestic violence, reported or otherwise.

    On the temporary order, it states that I must show up for court. When I talked to the officer, he said I was entitled to a public defender(sorry for the misuse).

  4. #4
    Join Date
    Sep 2005
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    California
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    Default Re: Restraining Order Procedures

    You might want to check and see if your county has a website. If it does, it may well have information on the court process for these orders. Not knowing exactly what these orders are in your state, I would hate to misdirect you on how things proceed. If it is in any way related to a domestic issue it may be handled differently than if you are two neighbors or semi-strangers.

    Check first with the local court website, and then, maybe, Google information on New Jersey courts in general.

    Maybe some one else will have some more precise info for you.

    Good luck.

    - Carl

  5. #5

    Default Re: Restraining Order Procedures

    The determining factor of the type and nature of the restraining order will be your relationship to the petitioner (which you haven't told us).

    If you are accused of harassing an ex, a spouse, a family member, etc. then it's likely to fall under the auspices of a civil domestic violence restraining order which is usually addressed in a civil family court. If granted, these last forever UNLESS the judge puts an expiration on it.

    If not this type, then possibly under the stalking arm - in NJ there is an automatic judicial consideration for a permanent criminal restraining order in stalking cases. Typically the criminal restraining order lasts forever, again, unless it is modified by the judge to include an expiration date.

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