Restraining orders are an incredibly important resource for victims of domestic violence in New Jersey. As such, if you are worried about a former partner, household member, or spouse, understanding the different types of restraining orders that may be available and how to obtain one is critical. The following blog explores what you should know about these matters, including the importance of working with Union County domestic violence attorneys to help you explore your options and protect your safety.
What Does a Restraining Order Do?
A restraining order is a legal document that limits contact between you and the defendant (the individual against whom the order is taken out). This can help protect you from continued threats, harassment, and abuse.
- Orders the abuser not to contact you (includes calling, texting, emailing, or social media contact)
- May require the defendant to avoid certain locations
- Prohibits them from showing up at your home, school, or place of employment
Though a restraining order will not automatically resolve all issues between the parties, it can help create immediate legal boundaries, in turn, preventing additional intimidation, harassment, and violence.
What Can I Get a Restraining Order For?
In New Jersey, under the Prevention of Domestic Violence Act (PDVA), a restraining order may be taken out for any of the following acts:
- Assault
- Harassment
- Terroristic threats
- Stalking
- Criminal coercion
- Sexual assault
- Cyber-harassment
- Criminal restraint
It’s important to understand that domestic violence is generally a specific criminal act, not just “bad” behavior that is committed against a protected victim.
Who Can Apply for a Restraining Order?
Under New Jersey law, a restraining order must comply with PDVA rules regarding eligible relationships. It’s important to understand that the relationship is a legal eligibility requirement that must be met. Eligible relationships include:
- Your current or former spouse
- Someone you have dated
- A current or past household member
- Someone you share or are expecting a child with
Where Can I Obtain a Restraining Order?
In New Jersey, where you will file for a restraining order is dependent on a number of factors, including what time of the day it is and the urgency of the matter.
During Court Hours
It’s important to understand that, due to the sensitive and urgent nature of these matters, New Jersey allows individuals to seek orders in more than one location.
You may be able to go to the nearest Family Division courthouse to seek a restraining order through the Domestic Violence Unit. However, you may seek a restraining order at any of the following courthouses:
- The county where you live
- The county where the defendant resides
- Where the domestic violence incident occurred
- Where you are temporarily staying
After Court Hours
If the courts are closed, such as on nights, weekends, or holidays, but you need a restraining order, you can go to the nearest police department to apply.
The Process of Obtaining a Restraining Order: Step-by-Step
If you are looking to take out a restraining order against an individual with whom you have an eligible relationship, understanding the process is critical. In general, when you go to the court or your local police station, the first step will be to seek a temporary restraining order.
Step 1. Request a Temporary Restraining Order (TRO)
A temporary restraining order is often granted quickly to provide immediate protection and limited contact until a hearing can occur.
- You can explain the incident to the court staff or a police officer
- A judge will review your statement
- A TRO can be immediately granted in serious situations
- The TRO will remain in place until a final restraining order (FRO) hearing can take place
Step 2. Prepare for the Final Restraining Order Hearing
Unlike a TRO, an FRO requires proof of domestic violence to show that the action is necessary. As such, you may find the following evidence can help your case:
- Screenshots, text messages, emails
- A written timeline of the incident
- Medical records
- Photos and videos
- Police reports, if any were made
- Witnesses
Step 3. Attend the FRO Hearing
Typically, within 10 days, the court will schedule a final restraining order hearing. This allows the court to determine whether or not to make the temporary order final. At the hearing:
- You will testify under oath
- You have the opportunity to present evidence
- The defendant can respond and present evidence
- The judge will decide whether or not to issue an FRO
What Is the Purpose of a Final Restraining Order?
A final restraining order is intended to provide long-term protection and relief for victims of domestic violence. Unlike a temporary restraining order, FROs do not expire. Obtaining an FRO can:
- Shield you from future violence
- Prohibit contact and subsequent harassment
- Restrict firearm possession
- Create temporary custody arrangements
- Potentially offer financial support provisions under certain circumstances
How Can a Restraining Order Impact Children?
As you may imagine, taking out a restraining order against someone with whom you share a child can make custody arrangements complicated. This may result in:
- Being prohibited from direct communication
- Exchanging the child with the help of a third party
- Potential changes in parenting time orders
- Financial support orders changing
Contact Our Mountainside Firm
At Ross & Calandrillo, we understand how scary and difficult it can be to seek a restraining order in New Jersey, which is why our firm is committed to helping you navigate this process with as much ease as possible. When you need assistance, do not hesitate to contact our firm today to learn more about how we can represent you.
