WHAT TO EXPECT DURING DIVORCE: MEN'S EDITION
DOWNLOAD EBOOKNEW JERSEY RESTRAINING ORDER LAWYER
HELPING INDIVIDUALS IMPACTED BY DOMESTIC VIOLENCE
mfrNo one should live in fear of a current or former romantic partner. In situations where a person does not feel safe being around a spouse, former spouse, former live-in partner, or anyone they are involved with in a dating relationship, they may obtain a restraining order to keep that person away from them. New Jersey court issues restraining orders with a particular purpose and specific provisions, which depend on the situation. For example, a restraining order can forbid your spouse from calling or texting you or coming within 100 feet of your home, workplace, or your children’s school.
At [MFR] Men’s & Fathers’ Rights Divorce Lawyers, we assist individuals in obtaining restraining orders. We also help people defend against them. Call us at (201) 880-9770 to schedule a confidential consultation with a family lawyer who is highly experienced in handling cases involving domestic violence or accusations of such.
Call 911 if you believe you are in immediate danger.
WHY WORK WITH US?
We Provide Legal Guidance in Complex, High-Conflict Cases
Clients trust us to help them in complex divorce and high-conflict situations because we have a record of delivering exceptional legal support.
- We focus in matters involving domestic abuse and restraining orders, divorce, child custody, division of property, alimony, and related family law issues.
- Firm founder Carrie S. Schultz holds certification as a Matrimonial Law Attorney from the Supreme Court of New Jersey, which is a very difficult and special designation only held by less than 3% of all attorneys in New Jersey.
- We provide personalized attention and responsive services because we limit the number of cases we accept.
- We respond to client questions and concerns within 24-48 hours.
We consistently get top reviews from satisfied clients and are well-respected among our legal peers.
HOW OUR NJ RESTRAINING ORDER LAWYERS CAN HELP YOU
Obtaining or fighting a restraining order is highly stressful. You must go in front of a judge and provide evidence as to why or why not one is needed. We can assist you by:
- Counseling you about what qualifies as domestic violence and what are qualifying relationships.
- Guiding you through the processes of obtaining both a temporary restraining order and a permanent one and making sure you present the relevant facts and supporting evidence.
- Ensuring all the proper steps are taken in seeking a restraining order to reduce the chances of delay or denial.
- Attending the final order hearing before the judge with you, presenting the evidence, and arguing on your behalf.
- Addressing any related issues of child custody and other relevant issues in your order.
Our attorneys will ensure that the proper steps are taken toward obtaining an order. Any missteps can result in it being denied. We can also defend you against a restraining order.
WHEN CAN YOU ASK FOR A RESTRAINING ORDER?
You can request a restraining order against a spouse, someone you live with or previously lived with, someone you dated or are dating, or someone you have a child with who is abusive to you. There are two types of orders that happen sequentially: a temporary restraining order (TRO) (first to be obtained) and then a permanent order (referred to by the courts as an FRO or final restraining order) after a hearing takes place to determine if a FRO is warranted and needed.
Process for Getting a Temporary Restraining Order
As stated above, you have to obtain a temporary order before you can get a final order. You can do this at your local police station or your county courthouse. You will fill out some paperwork describing the person you allege is abusing you and details of the abuse, and then you will go before a judge to convince them why you need a TRO. The person you are trying to obtain the order against will not be there.
After meeting with the judge, they will determine whether you meet the qualifications under the domestic violence statute (N.J.S.A. 2C:25-19) to get a restraining order. If the judge determines that you do qualify, they will issue a temporary restraining order that is served by law enforcement and goes into effect right away.
A hearing will then be scheduled within 10 days or so that requires both you and your spouse or other party to be present. Temporary restraining orders are valid until the hearing takes place and a decision is made about a final order.
Process for Obtaining a Final Restraining Order
At the hearing, you will present evidence before the court about the domestic violence and your need for a permanent order. Your spouse or former partner will also have the opportunity to give their side of the story. While you are not required by law to have your lawyer there, you definitely should; having representation will give you the best chance to get the outcome you need, whether you are prosecuting or defending a restraining order. Your spouse or other party may also have their attorney representing them.
If you are successful in getting a final restraining order, it will stay in place until you go before the court to have it dismissed, should that ever be something you want to do. Even so, should you wish to have it dismissed, you will have to explain to the judge why you wish to have it dismissed and they will make the final decision.
Your final order may also contain other terms, such as regarding temporary child custody, child support, who pays the mortgage or other bills, and others dependent on the situation.
DEFENDING AGAINST A FINAL RESTRAINING ORDER
Our restraining order lawyers in New Jersey take defending against final restraining orders as seriously as we do obtaining them for those who need them. Domestic Restraining Orders are considered quasi-criminal and an unjustly issued one issued one can seriously impact your life. It can affect your relationship with your children and other family members and damage your reputation, impact any professional licenses depending on the nature of the violence, and there may be a companion criminal charge.
If you have been served with a temporary order, you should call an attorney immediate and in the interim, abide by all of its terms and clear your calendar to show up for the final hearing. If you fail to attend, the FRO may be issued against you without any input from you and then you have to spend extraordinary efforts to try to undo that
When we handle your defense, we will help you determine evidence to present to the court including possible witnesses to contradict the story of your spouse or other person who is accusing you. We want to help you get the most beneficial result in accordance with all the facts involved.
NEW JERSEY RESTRAINING ORDER ATTORNEY ANSWERS FAQS
Following are answers to some of the questions our family law attorneys get regarding restraining orders.
Can the judge turn down my request for a restraining order against my spouse?
You must convince a judge why you need a restraining order against your spouse. If the judge does not believe that your situation warrants it because you do not have strong evidence or you do not qualify under the law, or you are not really afraid of the other person, they can deny your request.
What options do I have if my request for a permanent restraining order is denied?
You have 20 days to file a Motion for Reconsideration of the decision or 45 days to appeal a decision denying your request. You must have a valid legal reason for an appeal. Our attorneys can help you determine whether you have an appeal and represent you in that process. The same goes if an order has been granted against you. If you have a valid legal reason, you can appeal that decision.
What kind of evidence is used in restraining order hearings?
Evidence that either side may introduce at the hearing could be witnesses who either did or did not observe violence or witnesses who can attest to the character of either party. Videos and photographs of injuries may be shown. Emails, text messages, voice mails and other evidence of threats or harassment may be introduced if obtained legally.
Will I go to jail if I violate a restraining order?
If you are found guilty of violating a restraining order, you are in contempt of court and you can go to jail. For a first offense you may or may not spend time in jail. For a second violation, there is a mandatory 30-day jail sentence. Get legal help right away if you are accused by your spouse or former partner of violating your restraining order.
Every person’s situation is unique. For specific answers that apply to your circumstances, speak directly with one of our restraining order lawyers in New Jersey.
CONTACT A KNOWLEDGEABLE NEW JERSEY LAWYER FOR RESTRAINING ORDERS
We are realists at [MFR] Men’s & Fathers’ Rights Divorce Lawyers. We know that abuse and domestic violence happen in familial relationships. We want victims of such abuse to be protected. We also know that sometimes people are unfairly and dishonestly accused of abuse by angry spouses or other parties wishing to get back at them for some reason. Either of these situations can lead to needing the help of an experienced NJ restraining order attorney.
We will provide guidance in getting a restraining order against your spouse or a former romantic partner, or advise you about what to do if you have been served with such an order.
Contact us to arrange a confidential consultation by calling (201) 880-9770 today for help.
Carrie S. Schultz, Esq.
Thank you for visiting our site. We realize that if you are reading this, you or someone you know is having marital or family difficulties. We truly understand how unsettling that can be for all involved. I personally want to invite you to explore the website which contains a lot of informational and educational items which I hope is of benefit to you. I also welcome you to contact us to schedule a case evaluation to discuss your matter in greater detail. Our firm philosophy is to always remain committed to providing our clients with the best service, care, guidance, communication, and legal advice possible for your particular situation. We take seriously you entrusting us with your legal matter. Happy researching!
