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Restraining Order - Why would you need a lawyer?

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FocusOn718

Guest
What is the name of your state? New Jersey

My girlfriend and her ex boyfriend broke up. He had hit her, this and that... had to have the police remove him from the apartment, etc and so on. Since then he broke in the apartment, didn't steal anything - Just looked at her messages, caller ID, through draws, etc. (Admitted it TO HER) - She was stupid, and didn't do anything (other than call the police, no action otherwise). He did it again (2 months later) - Once again, didn't steal anything... She has NOT spoken to him but he (the one who broke in) told his sister, who told my girlfriends sister... who told my girlfriend that he DID break in.

Regaurdless of all that, I made her go down and get a restraining order against him. (Because he has broken in her apartment twice, he calls all the time (we know it's him! no proof...) from a blocked # (Why? I dont know why). They have court on Tuesday for a permanent restraining order. (We have a temporary one) - And we just found out from our "sources" that he is bringing a lawyer.

My question is, why would someone bring a lawyer for this? And what could this lawyer help doing? There are MANY police reports against this person, etc, admitale to breaking in, pictures of bruises on her, etc and so on. Can a lawyer really present something that will make the judge not grant a permanent restraining order?

In addition, I personally want to see this person in jail :) Or fined, or something that will REALLY clue him in to STOP and what he did was wrong - But it seems, like there is nothing to do... Legally, at least? Is there? Thanks for all of your help.
 


usmcfamily

Senior Member
In a situation such that you have described one of his attorney's functions is going to be to advise him not only on what to say but what not to say (and how to say/not say it). There is a lot of legal two-stepping that can be done to get around things......
Also, considering some of the things you are stating as the reasons for the order (ie breaking in, harrasment, etc) the lawyer would be there to protect his clients interests in what is or is not recorded as "fact" about his actions...in order to protect him agains legal probelms stemming from them.
The attorney, in a sense, becomes their clients advocate and advisor -- one who looks out for their clients best interests ...... this is true, really, regardless of what the case is about.....
 
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Esimon1

Guest
Another reason people seek counsel for court, is they KNOW that they did something wrong,and are scared of the consequences of their own actions. They look to an attorney to protect them.
From what you've said, It looks to me like he knows he made a BIG mistake and broke the law. He hired a lawyer because he's just plain scared. Getting that TRO was a smart move. If she has pictures of abuse, police reports, etc. then, he knows he's in trouble. More than likely the court will place a permanent restraining order on him, (regardless of his attorney).Let us know what happens!
 
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slshiv

Guest
I had a similar situation with a restraining order. I filed an order against a fellow employee that had threatened my life on more than one occassion. I had also been told that he was planning on bringing an attorney. He showed up without one. While waiting for our turn in court, i saw several other cases and no one else had attorneys either. I think he is just B.S.'ing. Also, what kind of attorney would waste their time attending something like a hearing for a restraining order.

It is very scary having to stand in front of a judge next to the person you are trying to get to stay away but please tell your girlfriend to be brave and go through with it. The judge will see through any bull he may try to spread. Good luck and remember to be safe.
 
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FocusOn718

Guest
Ugh, the forum wasn't emailing me... Anyway, the court date was today and she sat there and waited for 2 1/2 hours until a cop finally came up to her and told her that her case has been ajourned for the day and then asked her if she wanted to drop the charges since he has a lawyer. She said no, that she wants a restraining order against him, etc...

The lawyer/him didn't even come in! The lawyer just called and said he needed more time to get information.

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What kind, if I/we were going to get a lawyer to help us out, would I call? I know NOTHING about law :) I wonder how much one would cost for this ... hmmm...

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If the permanent restraining order is DENIED - What can we do? Can we go through this process again and present it to another judge or something?

Someone also told me, not sure if it's true or not... that if we obtain a lawyer and the judge goes in our favor and grants the restraining order, as part of that we can also have him pay for our lawyer?
 

usmcfamily

Senior Member
slsshiv~~
An attorney wouldn't be "wasting" their time -- they get paid the $$$ regardless if their presence is necessary to the case or not --in fact a LOT of attornies out there are far too happy to take on clients that don't even need a lawyer for their case just to get the $$$........lol
 

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