Saturday, September 27, 2014

How Do I Defend a Domestic Violence Case.

Question:
My ex boyfriend intentionally issued me a TRO, hoping to give me a bad record in background check during employment. I was tricked. He did a lot of extremely bad things to me previously (a lot of controlling behavior, verbal abuse, threatening, cheating, threatening to my parents) to make me have to start a fight. Then he kept all the evidence (that I "harassed" him, "defame" him) and issued a restraining order. I need to prevent this TRO from becoming permanent as this will give me a bad record. However, he left little evidence (when he did bad things and pretended to be a gentleman and a victim). What can I do to make the judge believe in my story?


Answer by Gina Famularo:
If you believe that a temporary restraining order is likely to be issued against you, your best bet is to avoid court altogether. Think about hiring an attorney. The court will usually require both sides to meet and confer before the trial. Often times, a person without an attorney will want to settle once he or she the other person is ready to put on a trial. 

If you do go to trial, you will need to overcome those text messages. Bring witnesses to court. You said your parents had witnessed some of the behavior. Ask them to testify. If your ex has ver thrown things, broken things, gone through your purse, gone through your cell phone, followed you, prevented you from leaving a toon, prevented you from making a phone call, prevented you from sleeping, prented you from leaving the house, took your personal. Items without permission, or followed you room to room, tesify about those things.

Have witness's tesify about those things they have heard the ex say. Try to show that the arguing was mutual. If the exchanges were all verbal, you will have a pretty good shot of overcoming the evidence. It is not against the law to simply call someone names.


If you believe that a temporary restraining order is likely to be issued against you, your best bet is to avoid court altogether. Think about hiring an attorney. The court will usually require both sides to meet and confer before the trial. Often times, a person without an attorney will want to settle once he or she the other person is ready to put on a trial.

If you do go to trial, you will need to overcome those text messages. Bring witnesses to court. You said your parents had witnessed some of the behavior. Ask them to testify. If your ex has ver thrown things, broken things, gone through your purse, gone through your cell phone, followed you, prevented you from leaving a toon, prevented you from making a phone call, prevented you from sleeping, prented you from leaving the house, took your personal. Items without permission, or followed you room to room, tesify about those things.

Have witness's tesify about those things they have heard the ex say. Try to show that the arguing was mutual. If the exchanges were all verbal, you will have a pretty good shot of overcoming the evidence. It is not against the law to simply call someone names.

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