When Aggressors File for Restraining Orders Against Victims

February 16, 2016 · by RLF Attorneys · in

restraining-order-documentIn a recent decision, Judge Lawrence Jones held that the courts should not grant a restraining order to someone who provoked the defendant into committing a violent act. In R.C. v. R.W., the plaintiff suspected that his ex-girlfriend was seeing someone. He looked through her cellphone to confirm his suspicions and found multiple messages with another man. The defendant called his ex-girlfriend derogatory names and threw a brick through the windshield of her vehicle. In response, the ex-girlfriend damaged her ex-boyfriend’s Nissan.
The ex-boyfriend tried to file for a restraining order against her, using the damage to his car as evidence, but the court was not persuaded and denied the request for a restraining order. Although the ex-girlfriend had thrown the brick and damaged the car, the court held this “does not also automatically mean that the court must now robotically enter a restraining order without equitable consideration of the surrounding circumstances which led up to defendant’s actions.”
When two people file for restraining orders against each other,  the court can either dismiss both, grant both, or grant one and dismiss the other. Mutual restraining orders indicate that both parties are victims. While not uncommon, they require careful consideration as the Domestic Violence Act was meant to protect victims from ongoing violence. In additional, mutual restraining orders can muddle custody cases as custody is typically awarded to the victim who was granted a restraining order.
If you or a loved one needs help arguing against a restraining order in New Jersey, contact Adam H. Rosenblum of the Rosenblum Law Firm today. Mr. Rosenblum is a skilled defense attorney who will do all he can to help you prevent a restraining order. Call today at 888-815-3649.