New Jersey Lawyer Blog
People from all walks of life—both men and women—can be victims of domestic violence. New Jersey protective orders, commonly known as restraining orders, are court orders designed to protect those victims. The skilled New Jersey lawyers at Aretsky Law Group, P.C., can help victims of domestic violence obtain the protection they need.
NJ Temporary Restraining Orders
The first step one should take if he or she feels like a victim of domestic violence is to file for a temporary restraining order.
Unlike permanent restraining orders, temporary restraining orders are relatively easy to obtain. This can be done by going to the Family Division of the Superior Court of the county or to the local police station and petitioning the order. Although the victim is required to detail the abuse both orally and in writing, there is no requirement to prove the allegations at this point. The court can issue the temporary order if it believes the petitioner’s claims are credible and that the behaviors fall within the guidelines of domestic violence.
NJ Permanent Restraining Orders
About ten days after a temporary protective order is issued, a hearing is held to determine whether or not the issuance of a permanent order is warranted.
For the issuance to occur, the victim must now prove that harassment or abuse actually occurred and that it is reasonable for the victim to fear for his or her safety.
For this hearing the victim must testify under oath and the abuser may also testify. Confronting the abuser is often difficult for the victim of domestic violence. A compassionate attorney can help get you through the process and present the case regarding the need for protection.
What a Restraining Order Might Include
The following are some of the specific restrictions a restraining order might include: • to stay away from the victim; • to stay away from the victim’s children; • not to visit the victim’s home;
- not to visit the victim’s place of employment;
- not to visit the children’s school; and
- if the court believes there is a threat to the victim’s life or safety, not to possess a firearm.
Duration of NJ Temporary Restraining Order
The initial, temporary order remains in effect until the next hearing, at which time it may or may not become permanent.
The permanent order is, as its name implies, permanent. However, the victim can petition the court at a future date to withdraw the order. If convinced that the request to withdraw the order is being made without coercion or threats, the court can dismiss the complaint.
Penalties for Violating a Restraining Order
Restraining orders are issued in family court. Violations of such orders are also heard in family court. Contempt of court is subject to both fines and jail time.
The experienced New Jersey domestic violence attorneys at Aretsky Law Group, P.C., can offer the advice and expertise to help victims of domestic abuse get the help they need in the form of a permanent restraining order that protects them and those close to them.
We are available 24/7 to take your call. Phone us at 800-537-4154.