Thursday, January 7, 2010

Final Restraining Orders ready for removal?

As a follow-up to my post of Decebmer 28, 2009 regarding restraining orders, I am including this additional information. This past Wednesday, the New Jersey Supreme Court reviewed the case of Crespo v. Crespo in relation to violations of the 14th Amendment. As provided in my earlier post, often times an unrepresented Defendant unrepresented by counsel, and unaware of his rights or the burdens of the prosecution, will be found guilty of a violation of the Prevention of Domestic Violence Act under a mere preponderance of the evidence standard rather than the beyond a reasonable doubt standard required in situations bearing such lofty consequences. Crespo and future cases of a similar nature, which are most certain to follow, may be cause for revisiting existing restraining orders in order to have them removed for lack of adequate proofs in the initial proceeding which caused them to be set in place.

For more information on final restraining orders in New Jersey or to discuss having an existing restraining order removed visit

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