What are the most common winning defenses against Restraining Orders?
The most common winning defenses against restraining orders, based on our actual experience with clients and according to New Hampshire case decisions, are:
- Defendant's conduct did not amount to a crime.
- Defendant's conduct, even if inappropriate or even illegal, does not present a credible threat to petitioner's safety.
- Defendant's conduct, even if inappropriate or even illegal, occurred in the past -- there is no present threat to petitioner's safety.
- Petitioner tried to prove her case by testifying to facts that were not in her petition. New Hampshire case decisions do not allow petitioner to present such facts, so district courts routinely exclude such testimony.
- Cross-examination of the petitioner - and confronting petitioner with her text messages, social networking posts, emails, voicemails, and letters - disproves petitioner's claim that she actually fears for her safety.
- Witness testimony contradicts and undermines petitioner's testimony.
- Defendant's testimony establishes an innocent purpose or innocuous explanation for an unwanted visit, telephone call, email or other act that petitioner claims constitutes an act of abuse.