Many clients will come to me and ask me, what factors are necessary to receive a final restraining order? The very first thing is that a predicate act needs to occur. Something needs to happen that brings you to the courthouse, that causes you to want to seek a final restraining order against another party. Once you do have that predicate act – and there are certain acts that are listed within the statute that are considered acts of domestic violence – once you have that act you will have to show the court that you are actually afraid of the party that you’re seeking a final restraining order against, and that you need the protection of the court.
Once you’re able to prove those two things to the court, along with actually having an active domestic violence occur, you will be able to typically obtain a final restraining order. There is also the factor as to whether or not you have an appropriate relationship with the other party. There are certain familial relationships that the court looks for to determine whether or not you’re covered under the Domestic Violence Act.
Our firm understands the seriousness of domestic violence and wants to work to help you find protection from your abuser as quickly as possible. We can help you obtain the resources you need to find safety in a secure way. If you are a victim of domestic abuse, contact an experienced restraining order attorney who can provide you with assistance and work towards a new start.
Ross and Calandrillo, LLC is a full-service divorce and family law firm in Mountainside, New Jersey. For strong legal representation in all of your family law matters, contact Ross and Calandrillo, LLC to schedule a consultation.