NJ Restraining Order Attorney - Defend Against False Accusations
Someone filed a restraining order against you. The accusation is false. But here's what nobody's telling you - the system wasn't designed to figure out the truth. It was designed to issue protection. Your job right now is to survive the next 10 days.
1.5 million restraining orders get issued every year in this country. Up to 70% of abuse allegations in custody disputes are deemed unnecessary or false. 85% of protective orders are entered against men - and studies suggest 90% of those are products of tactical divorce considerations. This is called the "Silver Bullet Method" - and you're now on the receiving end.
Welcome to Spodek Law Group. We defend people falsely accused of domestic violence in New Jersey. If you're reading this, you probably just got served. Police may have taken your firearms. You may have been told to leave your own home. The hearing is in 10 days or less. We get it - this feels like the world just collapsed.
This article explains exactly what you're facing, what the plaintiff needs to prove, what you stand to lose, and how we fight these cases. The clock is already running.
The 10-Day Clock Starts Now
The plaintiff had weeks or months to prepare their case. They gathered their story, maybe consulted with an attorney, decided exactly what to allege. Then they filed. A judge reviewed the application - without you present, without hearing your side - and issued a Temporary Restraining Order that same day. Thats how this works. You find out when police show up to serve you.
Under New Jersey's Prevention of Domestic Violence Act, a TRO can be issued immediately, without notice to the defendant. The judge only hears from the plaintiff. If the judge believes there may be a threat, the TRO issues. Your now legally required to have no contact with the plaintiff. If you shared a home, you may be ordered to leave it.
Heres the reality. A TRO can grant the accuser exclusive access to the marital home and sole custody of your children - before any hearing where you can defend yourself. Police will seize your firearms. Your life changes immediately based on an accusation you haven't had the chance to answer.
This feels unfair becuase it is unfair. The system prioritizes protection over process. Your job right now is to work within this system, not rage against it.
Within 10 days, there will be a Final Restraining Order hearing. Both parties present evidence and testimony. The judge decides whether to make the restraining order permanent. Thats your window. Ten days to hire an attorney, gather evidence, prepare witnesses, and build a defense against allegations the other side has been preparing for much longer. It dosent feel like enough time. It isn't. But its what you have.
What You're Actually Fighting
New Jersey courts use a two-prong test from Silver v. Silver (2006) to determine whether to issue a Final Restraining Order. Understanding this test is critical to your defense. Theyre looking at two specific questions.
First prong: The plaintiff must prove you committed a "predicate act" of domestic violence under the PDVA. This includes assault, harrassment, stalking, terroristic threats, and a dozen other offenses. Harrassment in particular can be alleged based on conduct that wouldn't be criminal in any other context - things like repeated text messages or showing up somewhere the plaintiff didnt want you.
Second prong: Even if the judge finds a predicate act occurred, the plaintiff must also prove that a restraining order is "necessary" to protect them from immediate danger or prevent future abuse. Both prongs must be satisfied. This is your opening.
OK so heres what realy matters. The standard of proof is "preponderance of the evidence." This means the plaintiff needs to convince the judge that there version of events is 51% likely to be true. Not "beyond reasonable doubt" like in criminal cases. Not even "clear and convincing evidence." Just more likely than not. The bar is shockingly low for something this consequential.
What does this mean for your defense? You dont necessarily need to prove the accusations are false. You need to create enough doubt that the plaintiff hasn't met even this 51% threshold - or demonstrate that a restraining order isnt necessary for future protection.
The Consequences Nobody Mentions
In most states, restraining orders expire after a set period - one year, three years. New Jersey is different. A Final Restraining Order is permanent. It does not expire. It remains in effect indefinitely, for the rest of your life, unless a court specificaly vacates it.
The moment an FRO issues, you permanantly lose your right to own or possess firearms - under both New Jersey and federal law. Police will seize any weapons you have. Theres a $500 fine. Hunting, target shooting, any job requiring a firearm - all gone. Even inherited family weapons must be surrendered.
Your photograph, fingerprints, and information are entered into the Domestic Violence Central Registry. This is searchable. If an employer runs a thorough background check, they'll find it. Law enforcement, military, security clearance positions - all affected. You cant hide it.
If you have children, custody arrangements will be affected. The court may order a risk assessment before allowing any parenting time. You may be ordered to pay child support, spousal support, and continue paying the mortgage or rent on a home your not allowed to enter. Immigration status and citizenship applications can also be impacted.
Heres the part that realy stings. Even if you eventualy get the restraining order dismissed, the stigma follows you. Temporary orders can appear on background checks. The accusation itself does damage that vindication dosent fully repair. People remember you were accused. They dont always remember you won.
How We Fight False Accusations
At Spodek Law Group, we defend people falsely accused of domestic violence every week. We understand the desperation your feeling right now. We also understand the legal framework that gives you options.
Todd Spodek looks at every false accusation case through the Silver v. Silver framework. First: Did the alleged conduct actually meet the legal definition of a predicate act? Harassment, for example, has specific elements. Not every argument, not every unpleasant text message, qualifies. The PDVA dosent cover being a bad spouse or a difficult ex.
Second: Even if some conduct occurred, is a permanent restraining order actually necessary? Was this an isolated incident during an emotional divorce, or is there a genuine ongoing threat? The law requires the plaintiff to prove they need protection going forward - not just that something happened in the past.
We gather evidence that contradicts the plaintiff's narrative. Text messages, emails, witness statements, timeline analysis. If the accusation is tied to divorce or custody proceedings, that timing itself can be evidence of motive. Courts have seen this pattern before.
If an FRO is entered, you can eventually file a motion to vacate through what's called a Carfagno hearing. But attorneys typically recommend waiting at least five years before attempting. Five years of perfect compliance with the order. Five years of living under restrictions. And even then, success requires proving circumstances have materially changed.
This is why fighting now - at the FRO hearing - matters so much. Preventing an FRO from ever issuing is far better than trying to dissolve one years later.
When Your Ready
If you're facing a restraining order hearing in New Jersey, Spodek Law Group can help. The consultation is free. You'll speak directly with an attorney who handles these cases - not a paralegal, not an intake specialist. We'll review what happened, assess the evidence, and give you an honest evaluation of your options.
Call us at 212-300-5196. The hearing is coming whether you're ready or not. Don't walk in alone.
