Family relationships can be complicated. In some situations, the people involved may become angry, frustrated, depressed, or overly emotional. The result could be instances of domestic violence, including stalking, threats, and abuse.
If you are experiencing domestic violence, you can file a restraining order in New Jersey to restrict an alleged abuser from further contact.
Steps in Filing a Restraining Order in New Jersey
New Jersey law has provided a clear path for victims to apply for restraining orders. The general steps for obtaining a New Jersey restraining order:
Contact the Court or Local Police
You apply for a restraining order in the county in which you live. Contact the Family Division of the Superior Court during business hours. You may contact the court in person or by telephone. If the court is closed or does not respond to your call, call 911 for assistance. Your local police department can also assist you in filing for a restraining order.
Complete the Application Forms for a Restraining Order
The police station and the court have the necessary forms for filing a restraining order. You must provide details of the abuse, including descriptions of the abuse and/or threats, injuries sustained, weapons used, etc.
Judges can issue ex parte temporary restraining orders, which are effective until a final hearing is held, typically within 10 days. An ex parte order is issued without notifying the other party.
A law enforcement officer serves the TRO on the abuser to notify them of the court’s order and the final hearing date.
Attend the Hearing for a Final Restraining Order
You must attend the hearing for a final restraining order (FRO) to proceed. You have the right to hire an attorney or ask the court to appoint an attorney if you qualify for court-appointed counsel. The alleged abuser can appear and defend themselves.
Because you may need to prove the legal requirements for a restraining order, seeking legal counsel is wise. Furthermore, the court may address child support, child custody, parenting time, and other issues during the FRO hearing.
An experienced Monmouth County restraining order attorney can help you present evidence and legal arguments to obtain an order that protects you and your children.
What Is Considered Domestic Violence in New Jersey?
New Jersey law defines domestic violence as one or more of the following acts committed against a protected person:
- Kidnapping
- Homicide
- Criminal restraint
- Assault
- Criminal sexual assault
- Stalking
- False imprisonment
- Criminal coercion
- Terroristic threats
- Lewdness
- Sexual assault
- Criminal mischief
- Contempt of a domestic violence order
- Robbery
- Criminal trespass
- Harassment
- Burglary
- Cyber-harassment
- Any other crime involving the risk of serious bodily injury or death to the protected person
This broad definition reflects New Jersey’s commitment to addressing not just physical violence, but also behaviors that create fear, restrict personal freedom, or place victims at risk of harm.
Who Is Eligible To Obtain a Restraining Order in New Jersey?
A “protected person” is someone with a familial relationship with the abuser. Family courts can enter restraining orders when the victim and abuser:
- Are current spouses or divorced
- Have a shared child or are pregnant
- Are current for former cohabitants of the same household
- Are currently or were formerly in a dating relationship
Family law only provides for restraining orders when the parties meet the above requirements. Otherwise, a victim would need to take another route to obtain a protective order.
What Happens if a Person Violates a Restraining Order in New Jersey?
Restraining orders may prohibit a party from taking one or more actions, including:
- Contacting the victim or their family members
- Pay child support or other money the abuser owes the victim
- Restrict visitation with the party’s children
- From re-entering the home shared with the victim
- Going near the victim’s work, school, or home
If an abuser violates the terms of the order regarding restrictions and contact, the victim can report the violation to the police. The police may arrest the abuser and file a criminal charge.
If the abuser violates terms related to financial and parenting issues, the victim files for relief with the family court that issued the order.
Consider Seeking Legal Advice About a Restraining Order in New Jersey
The laws and court rules ensure individuals seeking protection through restraining orders in New Jersey receive timely and effective legal assistance while complying with state-specific statutory and procedural requirements.
To learn more and get the help you deserve, call The Law Office of Jennifer J. McCaskill, LLC, our divorce & family law firms in Red Bank. NJ are ready for anything. Call us at (732) 747-1882 or contact us online today.
You can also visit our law firm at 157 Broad St #111, Red Bank, NJ 07701.
