Hampton Restraining Order Defense Lawyers

Restraining orders are legal tools designed to protect individuals from harassment, abuse, or threats of harm. While they serve an important purpose, improper or unjustified restraining orders can have serious consequences for the accused, affecting their reputation, relationships, and personal freedoms. 

Based in Hampton, the defense lawyers at Beaton & Kiers, PLLC are committed to helping our clients understand the restraining order process, defending their rights, and challenging orders issued without sufficient evidence or cause. With over 50 years of combined trial experience, our team offers compassionate and professional representation in the New Hampshire courts. 

Call (603) 769-3491 or contact us online today for a free consultation. We work with clients in Rockingham and Strafford counties, and all around New Hampshire.

Sources of Evidence in Restraining Order Cases

The court requires clear and credible evidence supporting the petitioner’s claims to grant or enforce a restraining order. This evidence typically aims to demonstrate that the individual requesting the order (the petitioner) is facing genuine threats or harm, necessitating legal intervention. We seek to use these same sources to vindicate our client or at least raise reasonable doubt that the allegations are true. 

Here are some prime examples of evidentiary sources a court will use in restraining order hearings and how we might leverage them on behalf of defendants:

Witness Testimony

Testimony from the petitioner and any witnesses plays a critical role in restraining order cases. Witnesses might include friends, family members, or third parties who have observed instances of harassment or abuse. We will carefully scrutinize the testimony, seeking to point out inconsistencies and baseless claims. 

Electronic Communications

Text messages, emails, and social media posts presented as evidence can serve as significant proof of threatening behavior or harassment. However, these forms of evidence must be authenticated to be admissible in court. Moreover, these same forms of evidence can be used to vindicate our clients. 

Photographs and Videos

Visual evidence, such as photos of injuries, damage to property, or video footage of concerning behavior, is often persuasive. This type of evidence must clearly connect the accused individual to the alleged incidents to carry weight in court. Video footage can also be exculpatory for the defendant, if we can use it to demonstrate that our client was not at the scene of the alleged crime. 

Police Reports and Medical Records

Official documents, such as police records of reported incidents or medical records detailing injuries, are often essential in cases alleging physical abuse. These records add an impartial, documented perspective. We diligently review the reports, seeking any inconsistencies in what these sources say and what witnesses might be alleging. 

While restraining orders are initially issued on an emergency basis, often based on limited evidence, a full hearing typically follows. During this hearing, our client has the opportunity to challenge the petitioner’s claims and present their own evidence. At Beaton & Kiers, PLLC, we guide people through this process and prepare their defense against the allegations.