Victims of domestic violence may feel like they do not have many options or good ways to protect themselves and their families. It is important to know that there are resources and ways to get help. One important resource is a restraining order. Read not to learn more about obtaining a restraining order in New Jersey.
What is a Restraining Order?
A restraining order is a document that prevents contact between two parties. With a restraining order, a victim’s contact with their abuser will be legally limited. This can be issued under some of the following circumstances:
- Terroristic threats
A restraining order can help protect a survivor of domestic violence while he or she seeks the legal help needed.
What is the Process of Obtaining a One?
When it comes to domestic violence, New Jersey courts operate under the assumption of “better safe than sorry.” For this reason, almost anyone who requests a restraining order will be granted a temporary one. The court will quickly hear the case and decide if the situation calls for a permanent restraining order. Once a temporary or permanent order is in effect, there is no mediation or counseling available to relieve the situation.
Step 1: Go to the courthouse to get the necessary forms.
Step 2: Fill out the forms, reach out to a New Jersey domestic violence attorney for help with this process.
Step 3: A judge will review your complaint and may grant you a temporary restraining order (TRO).
Step 4: Participate in a full-court hearing. A hearing will be held allowing you to present evidence in order to receive a permanent restraining order. During this process, the court must find “Intent To Harass.” The accused will be able to argue against the restraining order and may even have an attorney of his or her own. While you do not need an attorney at this hearing, it is a good idea to have a domestic violence attorney represent you.
There is no fee to file for a restraining order or to have it served, so do not let that be a deterrent. There are many resources to help you and explore all of your possible options.
If you or a loved one would like to obtain a restraining order, contact our firm today. We want to make sure you are protected and safe. Call our firm to speak with a dedicated and experienced attorney.
Contact our Firm
If you require experienced legal representation for a matter of Family Law, Supplemental Security Income, Medical Malpractice, Social Security Disability, or Legal Malpractice, Siragusa Law Firm is here to help. Contact our firm today to schedule a consultation so we can discuss your case.