If you are the victim of domestic violence in New Jersey, a temporary restraining order can protect you from further abuse by keeping the perpetrator of abuse away from you. To be eligible, you must be in a qualifying relationship with the person you are seeking the order against. You can request a temporary restraining order if the perpetrator of domestic violence is your spouse or former spouse, is someone you are living with or formerly lived with, is a person you are dating or dated in the past, or is someone you have a child with or with whom you are expecting a child.
While the issuing of a temporary restraining order can prevent future violence against you, always dial 911 if you believe you are in immediate danger.
STEPS TO GETTING A TEMPORARY RESTRAINING ORDER
A temporary restraining order will forbid the other party from coming near you until a final restraining order is potentially issued.
Here are the basic steps to obtain a temporary restraining order in New Jersey (in a non-emergency situation—for an emergency, dial 911):
- Visit the family division of the New Jersey Superior Court in the county where you live or are staying, where the perpetrator lives, or where the abuse occurred. You can also go to your local police station if it is outside of court hours, and the police will contact a judge about issuing an order.
- Fill out forms describing your abuser and why you want a temporary restraining order. You should provide as much detail about the person and violent event or events as you can in the paperwork. You may also undergo an interview with court staff.
- Go before a hearing officer or judge to explain your situation and the type of act of domestic violence that occurred against you. The person you are asking for protection from will not be present at the hearing for a temporary restraining order.
If the judge or hearing officer believes you qualify for a temporary restraining order, it will be effective immediately. You will get a copy of the order, which you should keep with you at all times, and police will serve the perpetrator with it.
A hearing for a final order is typically scheduled within 10 days of the issuance of the TRO. Both you and the other party will attend this hearing to make your cases for or against a final restraining order. Your temporary order will be good until a decision is made about a final order.
If the other party fails to show up and there is proof they knew about the hearing, the judge might go ahead and issue a permanent restraining order against them.
WHAT IS CONSIDERED DOMESTIC VIOLENCE TO QUALIFY FOR A RESTRAINING ORDER?
Under the New Jersey Prevention of Domestic Violence Act, the following committed against a person protected under the act constitutes domestic violence:
- Homicide
- Assault
- Sexual assault
- Harassment
- Cyber harassment
- Stalking
- Terroristic threats
- Kidnapping
- Criminal restraint
- False imprisonment
- Criminal sexual contact
- Lewdness
- Burglary
- Criminal mischief
- Criminal coercion
- Criminal trespass
- Robbery
- Crimes involving serious bodily injury or risk of death.
Depending on the details of your domestic violence matter, you may also file criminal charges in addition to asking for a restraining order.
WHAT DOES A TEMPORARY RESTRAINING ORDER DO?
The temporary restraining order can keep the abusive party from:
- Coming within 100 feet of your home, workplace, or school
- Contacting your family members or your employer
- Contacting you over the telephone, via email or online
- Possessing firearms—any guns they have will be confiscated by police when the temporary restraining order is issued. Should a final order be put in place, they will be permanently forbidden from having firearms.
Terms of restraining orders vary from case to case based on each person’s circumstances. If you have children together, the order may address issues of custody, parenting time, and child support.
When you work with a New Jersey family lawyer to get a restraining order, your lawyer can help to ensure that the order will cover all possible circumstances that may arise.
DO I NEED AN ATTORNEY TO GET A TEMPORARY RESTRAINING ORDER?
You are not required to use an attorney to get a temporary restraining order. However, it can be to your benefit to do so when you fear being approached by your spouse, ex-spouse, or other person who has committed domestic violence against you. With the aid of an attorney who is experienced in handling high-conflict cases involving domestic violence and restraining orders, you stand a stronger chance of getting the protection that you need.
It can be especially crucial to have the help of an attorney when preparing the evidence for and attending the hearing for the final protective order. Your abuser may have their own lawyer at the hearing to try to prevent the final restraining order from being issued. Your attorney will present your case and advocate for your rights and interests throughout the proceedings to reduce the chances of the order’s being delayed or denied.
NEED HELP GETTING A RESTRAINING ORDER IN NEW JERSEY? REACH OUT TO OUR EXPERIENCED ATTORNEY.
Nobody should have to suffer violence at the hands of a spouse, boyfriend, girlfriend, or other romantic partner. Unfortunately, the reality is that abuse in romantic relationships happens far too often. If it is happening to you, we are here to guide you through the process of getting protection.
There is also another reality when it comes to domestic violence. Sometimes people are falsely accused by spouses and intimate partners who are angry or vengeful. We help clients defend against accusations of abuse and restraining orders that are unfairly or dishonestly sought against them.
Contact [MFR} Men’s & Fathers’ Rights Divorce Lawyers in New Jersey when you need assistance with a restraining order. Call (201) 880-9770 today to arrange a time to speak with our experienced attorneys in a confidential consultation.
