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Restraining Order Against A Assault Case

by Tracy Finke

Assaulting is treated differently as compared to usual cases of restraining orders. Assaulting is defined under various circumstances. These circumstances include the victim as a minor, assault by family members, acts committed during a robbery, kidnapping, physical force or coercion is present when the victim was physically helpless, or potentially drugged.

Restraining orders during assaults are considered far more serious crimes than simple domestic disputes and can lead to imprisonment during the issuance of a TRO. If you committed an assault, and are concerned about legal punishments, you should immediately consider consulting a local New Jersey restraining order defense lawyer. Click here for more information.

Legal Navigation

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There are many different rules that guide restraining orders as per the customs, and rules of New Jersey Courts. For example, did you know that a hearing for a restraining order needs to be held within 10 days? Yes, so if you are facing a potential restraining order, you need to prepare your defense immediately. Furthermore, the process also room for partially proven verdicts.

This means that the victim has to prove that the assault ‘more than likely’ occurred, as compared to the usual procedure. This is the procedure during domestic violence cases, as hard evidence in such cases is often hard to find. Hence, people’s perception as eyewitnesses, and jury perception can play an important role in such cases.

Domestic Violence

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According to the latest reports, assault charges are common among domestic partners. Restraining orders can also be issued in such cases when two people involved in a romantic relationship stay together. These cases can lead to disastrous consequences for defendants, in most cases. On one hand, in 90% of the cases, restraining orders are granted. Furthermore, these verdicts can lead defendants to cut-off from families, property rights, firearms, and other freedom including freedom to work in general. Do consider treating restraining order cases as seriously as one can.

Other Important Laws

TOI or Temporary Restraining Orders can be issued immediately after a police report. This is issued in cases, where penetration, non-consensual contact, or lewdness took place. These orders can be issued ex parte, meaning on behalf of one party, decided by the discretion of the court.

So, the other party of the accuser may not be required to be present while passing the order. The venue of assault cases can be decided by either at places where either party resides, or where the victim is sheltered, or where the offense took place. If you would like the hearing to take place someplace else, you will need to show good cause.

Filing the Lawsuit After the Clergyman Died

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An abuse lawsuit can be brought against not only a clergyman, but the church that he represents too. For example, such a lawsuit might be brought against a specific Catholic priest in Boston along with the Roman Catholic Archdiocese of Boston too. The Archdiocese would be brought into the lawsuit under the legal theory of institutional assault.

The Logic of Institutional Assault

News stories of abuse by clergy members have shaken the foundations of churches and other religious institutions. Such abuse has been a well-known secret in religious institutions, but it has been covered up. Many Roman Catholic priests who were accused of abuse were merely transferred to other churches where they continued with their sins. Other poor internal controls also contributed to the crisis. That’s why religious institutions have been accused of looking the other way and impliedly condoning if not being complicit in clergy abuse.

But the Person who Assaulted Me is Dead Now

In the overwhelming majority of clergy abuse cases, it doesn’t matter if the abuser is dead now. The rationale behind that is that it’s no different than suing the estate of a person who injured you in an auto accident that he or she died in. What comes to the issue is that we rarely see a clergyman with significant personal wealth, even when they were living.

How Do Abuse Victims Obtain Compensation for Their Damages?

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The ability to collect compensation for the damages suffered by the victims of abuse is critical to obtaining the medical and mental health care and treatment that they need. That’s why religious organizations are brought into nearly every lawsuit against a clergyman. Victims are able to pursue compensation for the physical, mental and emotional anguish that they suffered for years. Some of those organizations, like a Roman Catholic Archdiocese hold vast assets. In some cases, punitive damages might even be awarded.

The only way for a victim to step up and credibly enlighten the public in a abuse case involving a clergyman is to file an appropriate lawsuit for damages against the clergyman or his estate along with the religious institution he is or was affiliated with. It’s also the first major step in moving forward with a victim’s life. Victims are encouraged to take that step.

People who abuse others are known as predators. Predators look for vulnerable individuals to become their victims for abuse. Combine that with the authority inferred onto individuals who become priests, rabbis, imams, and other religious leaders, and the result is an individual who can impose their will without repercussion.

Congregations are taught to trust their religious leaders without question. They don’t hesitate to leave their children alone with a religious leader due to the perception that the religious leader will behave appropriately. Parents don’t typically think that someone in a position of trust and authority is going to abuse their children. Unfortunately, this trust is frequently extended to the point where parents won’t believe their children when a abuse incident happens.

And when parents do take action, the religious organization will refuse to deal with the issue and remove the religious leader from their post instead of seeking criminal charges. The “sweep it under the rug” attitude has enabled priests to abuse minors for decades.