When people are facing situations of domestic violence within the home, it is crucial that they receive protection as soon as possible. This can be done by receiving a restraining order. Continue reading below to learn more about how this is done and contact an experienced New Jersey family law attorney for assistance.
What is a Final Restraining Order?
In situations of domestic violence, immediate relief can be received through a Temporary Restraining Order (TRO). This can be obtained through family court or the local police department and goes into effect immediately. With this, the abuser is prohibited from contacting the victim in any way. Once a TRO is received, a court date should be scheduled within 10 days for a Final Restraining Order (FRO) hearing. During the hearing, the individual receiving the order must prove why it should become final. If the court agrees, a FRO can be granted. This generally lasts forever.
What Happens at a Final Restraining Order Hearing?
A hearing for a FRO is similar to other court hearings. During this time, the victim will testify and present evidence for their case. This can include police reports, medical records, witnesses to abuse, and more. In addition to this, the alleged abuser also has the chance to do the same to try and prove domestic violence did not take place and a FRO is not needed.
After reviewing the case, the judge will determine whether or not a FRO is necessary. The entirety of this process can be long and complex, which is why victims should have a family law attorney on their side to guide them through it.
How Can a Restraining Order Impact Children?
When a final restraining order is issued, the two parties can no longer be in any contact with one another. This can be difficult if they have children together, as parents may have parenting time or be required to provide financial support. In these situations, it is best to have a third-party who can be trusted to handle these matters and shuttle the children so that there is no interaction at any time.
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