How do I Obtain a Restraining Order Following an Incident of Domestic Violence?

When people get married or are in a relationship, they expect their significant other to care for them in their time of need. Couples are supposed to laugh with each other, grow together, prepare for the years to come, and yes, sometimes even fight. However, a responsible couple will settle their disagreements peacefully and respectfully, without attacking each other verbally, or, perhaps even worse, physically. Unfortunately, some people are insecure, spiteful, or just plain evil. When someone actively seeks to hurt their spouse or partner, they commit the ultimate form of betrayal. Incidents of domestic violence are never okay, under any circumstance, and no apology can change that. If you or somebody you know is a victim of domestic violence, it is extremely important you take legal action so you can live at ease, no longer worried about your safety. Here are some of the questions you may have:

How are New Jersey victims of domestic violence protected under the law?

New Jersey domestic violence victims are protected under the 1991 Prevention of Domestic Violence Act. This law states that victims of domestic violence can request criminal and civil relief. 

How do I obtain a restraining order?

Obtaining a Temporary Restraining Order is the first step in achieving the civil protection you deserve. Once you report your incident(s) of domestic violence, a court or local police station will grant you a Temporary Restraining order. Some incidents that may constitute a TRO are as follows:

  • Physical, emotional, psychological, or sexual abuse
  • Harassment
  • Stalking
  • Terroristic threats
  • Assault

Shortly after you obtain a TRO, the court will schedule a Final Restraining Order hearing. Here, the court will determine whether your TRO should become permanent. Once the TRO becomes permanent, you can choose whether to press criminal charges against the abuser as well. If you wish to hold the offender accountable for illegal activity, you can file a Criminal Complaint where the violent party resides, where you reside, where you are sheltered, or where the incident occurred.

Contact our compassionate New Jersey firm

Nobody should ever have to look into their significant other’s eyes and feel afraid. If you are a victim of domestic violence, you should not hesitate to contact the authorities immediately. They will document the incident and help ensure you are in a safe environment. If you do not know where to turn, and you need somebody to talk to, please reach out to the National Domestic Abuse Hotline at 1-800-799-7233.

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.