Getting a Restraining Order Lifted
If a judge grants a restraining order, it means that the judge determined that the defendant committed the acts alleged and that continued protection of the petitioner by the court is necessary. If either a petitioner or defendant wants a restraining order lifted, then he or she must convince the judge that protection is no longer needed through new evidence. A restraining order can only be canceled by a judge and cannot be canceled by the individual protected by it. All restraining order provisions will remain in place until a judge decides that they should be modified or canceled. Any actions by the defendant deemed harmful or harassing by a judge can result in a denial of any motions to cancel or modify.
How Online Actions Can Hurt Your Defense
While actions or comments made online usually don't cause imminent harm, they can torpedo your restraining order defense rather quickly. Several online actions can hurt your restraining order defense, including:
- Making harassing posts on social media
- Discussing the case or people involved on social media posts
- Sending threatening emails or messages
- Posting photos online without permission
If you want a restraining order lifted, then you are tasked with convincing the judge that you are no longer a threat to the petitioner and that continued court protection is not necessary. When a judge sees harmful online actions by the defendant, the judge will be unlikely to lift the restraining order because it will appear that the defendant is unable to exert appropriate self-control regarding the situation.
How to Avoid Issues Online
If you are in the middle of a restraining order case, then it is important to avoid any potential issues from online activity. The easiest way to do this is to simply avoid using a computer and going online at all. As this may likely be impossible, there are two main ways to avoid online issues: block the petitioner and any of their friends, and do not discuss your case or anything that can be construed as your case online. Speaking in general terms about your relationship or posting online quotes may feel good at the time but can do more harm than good. If the court finds that your comments were harassing in nature and meant to be received by the petitioner, then you can face serious difficulties in having any restraining order against you removed.
Why Hiring the Lento Law Firm is the Right Choice
If you are facing a restraining order petition, then it is important to speak to an attorney immediately. Attorney Joseph D. Lento has helped countless people across New Jersey fight their cases. Call the Lento Law Firm today at 888-535-3686 to learn why hiring the Lento Law Firm is the right choice to help you.