If you were the victim of an act of domestic abuse, it is important that you do not blame yourself. Understand that people of all backgrounds can suffer from these horrible situations, regardless of their gender, age, race, sexual orientation, etc. The most crucial step after domestic violence occurs is to take action and not allow it to happen again. This ensures your protection as well as that of any family you have. To learn more about this step in your life, continue reading and retain the services of a compassionate New Jersey domestic violence attorney for assistance.
New Jersey Domestic Violence Laws
In the state of New Jersey, all victims of domestic violence are able to seek out both criminal and civil relief against their abusers. However, the unfortunate reality of this is that only informing law enforcement of domestic violence is not enough to receive the protection you need. It is important to not let this discourage you. Instead, an experienced attorney can help you fight for the justice and protection you deserve. This can be done by filing a restraining order immediately after the first time you find yourself victim to act of domestic violence.
How Do I Obtain a Restraining Order in New Jersey?
While it is not necessarily required to have an attorney at your side during this time, it can benefit you in order to navigate the process of obtaining a restraining order against your abuser. To begin this process, you must report the incident to either law enforcement or the local court. It is understandable that it can be very scary to involve law enforcement in such a difficult, personal matter. However, doing so is the most important step you can take. This is because once this step is completed, you can receive a Temporary Restraining Order (TRO). This is a court order that prevents your abuser from contacting or coming near you until a hearing can take place. Once the TRO is issued, a hearing will be scheduled within 10 days.
A hearing takes place to review the proof that domestic violence took place. If proven, a Final Restraining Order may be granted, which does the following:
- Protects you from future violence
- Prohibits contact and harassment
- Provides you with temporary custody of any minors
- Provides financial support
- Offers counseling or therapy
- Prohibits the abuser from bearing arms or other weapons
- Allows temporary possession of the personal property
In addition to this, you are able to press criminal charges if you wish to do so. This can be done by filing a Criminal Complaint regarding the abusive behavior you experienced.
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Ross and Calandrillo, LLC is a full-service divorce, family, and real estate law firm located in Mountainside, New Jersey. For strong legal representation in all of your divorce or family law matters, contact Ross and Calandrillo, LLC to schedule a consultation.