Tuesday, May 24, 2016

What is the dark side of Temporary Restraining Orders?

There is a dark side of Temporary Restraining Orders.

The moon fascinates me.  This celestial body generates no light of its own, and yet it reflects the sun's rays to illuminate the dark night; that is the side that we see when peering into the sky.  What would we see if we looked at the other [dark] side of the moon?

Domestic Violence Awareness is a moon; it reflects the light that the authors want you to see.  I was truly grateful to see that the National Football League addressed Domestic Violence in a Public Service Announcement via a Super Bowl commercial.  However, the viewpoint addressed was singular.

As an attorney, I have both assisted individuals in obtaining both a temporary and final restraining order.  I have also defended people falsely accused of domestic violence.  So, I have seen both sides of domestic violence in the courtroom firsthand.

Don't get me wrong; understand me clearly.  Domestic Violence is not okay; no person should have to endure it.  So, awareness of Domestic Violence is good; awareness of all facets of domestic violence is even better!

Just as the moon creates no light of its own, domestic violence is not the core of the problem.  Domestic Violence is really only a symptom of other, deeper problems:  unresolved anger, poor problem solving skills in relationships, and the like.

Just as people need to be made aware of the problem of domestic violence, so do people need to be aware that the shield of domestic violence laws have been used as a sword to falsely accuse people of things they simply did not do.

Recently, I had the honor of defending a spouse falsely accused of domestic violence.  I could tell that when the attorney representing the plaintiff began to question his client on direct examination, that he was not prepared; good for us!  I thoroughly cross examined the plaintiff to demonstrate to the Judge that the plaintiff had a motive to falsely accuse my client and that the allegations were not factually supported.  The Judge dismissed the domestic violence complaint and denied the Final Restraining Order for my client!

My client was elated!  I was thanked, and, my client penned one word on the paper that I provided for note taking:  “Justice”.

Fight your New Jersey Temporary Restraining Order!  E-mail me today at basneresq@me.com with the subject Fight Your Domestic Violence Case and I will send you a copy of the Order dismissing my client's case.  The Order will be redacted to protect my client's privacy.  Walk through the dark side of the domestic violence moon with me; there is light on the other side.

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