In New Jersey, having a restraining order placed against you is serious business. Under the Prevention of Domestic Violence Act, a victim need only tell the police, or a judge that they’ve been harassed, assaulted, or otherwise victimized, and a Temporary Restraining Order will be issued even without hearing your side. This order can prevent you from staying at your home, seeing your kids, or communicating in any way with your spouse or partner.
While restraining orders aren’t technically criminal, they are issued when a victim alleges that certain criminal acts have occurred; however, unlike in criminal court where the standard of proof is beyond a reasonable doubt, a victim of domestic violence need only prove their case by a preponderance of the evidence. This standard equates to more likely than not. Acts that are defined as domestic violence include harassment, assault, criminal mischief, stalking, and other more serious crimes.
Once a Temporary Restraining Order has been issued, you will be required to appear before a Superior Court Judge within 10 days. This judge will determine whether the restraining order will become final. Final Restraining Orders are forever. Generally, the only way a Final Restraining Order can be dismissed is if the victim physically goes to the Superior Court and asks the judge to dismiss the order. This is why it is so important to get it right the first time.
In order to get a Final Restraining Order, the victim must be, one, a former or present household member, two, have a child in common, or three, have been in a dating relationship with he accused. At the final hearing, the victim must prove two things, that an act of domestic violence occurred and that there has been a history or domestic violence.
This is a very important point, just because a single act of domestic violence is proved to the court, that does not mean that a Final Restraining Order will be issued unless the act of domestic violence was extremely serious, the victim will also have to prove that there has been a history of domestic violence. This is often done by providing evidence of past arrests or prior restraining orders. While the court does not require that prior acts be reported to the police, it is often hard to prove that these acts occurred if the victim never told anyone.
If a Final Restraining Order is issued, the judge can provide a broad range or remedies. He can order that you not return to your house or apartment, that you have no contact with your spouse or partner, that you have no or limited contact with your children, and that you pay reasonable expanses such as your partner’s rent or legal fees. Additionally, the presence of a Final Restraining Order will appear in a background check, and persons who have a restraining order against them are prohibited from owning or possessing firearms.
It’s no secret of life insurance companies are doing everything they can to avoid paying out claims. We’ve even heard some stories of companies the train the representatives to deny any claim over a few thousand dollars just in the hope that the customer will not challenge them on it. Enough people don’t challenge them that it is profitable to continue the strategy; there have been a number of lawsuits revolved around the nonpayment of insurance claims over the years. There is one very famous case that is still in the court systems involving State Farm that you can read about here.
Went to life insurance claim has been denied, there are a few things that you can do. The first thing is to contact a life insurance attorney that deals specifically with these sorts of claims. An experienced life insurance lawyer is going to know all of the different grounds that insurance companies lean on to support the denial of life insurance claim and all of the counter arguments against them. You only have a window of a few years to contest the life insurance claim denial and you don’t have unlimited opportunities to sue for denial of death benefit so it’s important that you not waste time or opportunities by trying to do it yourself.
There are a number of firms throughout the country that handle these sorts of claims but very few that focus specifically in life insurance claim denials. It is highly recommended that you go with a firm that specifically focuses on these sorts of cases since they are going to be much better versed in the intricacies of life insurance regulations and life insurance law then a firm that is handling all kinds of different consumer complaints ranging from product liability, to auto insurance claims, and everything in between. By having an attorney the specialize specifically in my insurance claims you will have an advocate that is familiar with all of the regular tactics and strategies that are used to deny claims
So what kind of stuff do Life insurance companies do to avoid paying out claims? I’ll give me the perfect example: a man passes and his wife tries to claim the life insurance benefits. The claim is denied because there is a discrepancy between the autopsy any original application; on the autopsy he was listed as being 59 while on the application he was listed as being 511. Now whether this is a case of him having strong after death or they’re having been some sort of error during the autopsy, we don’t know. But what any reasonable person will believe is that a matter of the of the just of 2 inches difference on a life insurance policy should not have any impact on Whether the claim should’ve been paid out or not and ultimately, the life insurance company agreed and settled with the weather. Now, had it been just the widow against life insurance company alone, there’s a good chance that this case would not have settled in her favor. This is the perfect example of why you should be hiring a lawyer to handle your life insurance claim denial and not try to take care of it yourself; you are outgunned and underresourced to go against a team of lawyers that do this all day, every day.