How to Get a Restraining Order
New Jersey Domestic Violence Lawyers
NJ Domestic violence is a serious crime which impacts both men and women. Each year, people from every social and economic background are assaulted, harassed, and threatened by their spouses or cohabitants. If you are a victim of domestic violence in New Jersey, it is important to know that you are not alone—help is available. A {New Jersey Temporary Restraining Order} can provide security and protection from your abuser.
Temporary Restraining Order
The objective of a Temporary Restraining Order is to eliminate any physical contact between you and your abuser. An NJ Temporary Restraining Order can include a number of items such as:
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An order requiring the person who committed the domestic violence to stay away from a person, home, workplace, school, or other location
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An order to maintain a certain distance from the person who is being protected
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An order not to call or otherwise contact the protected person (by e-mail, text, and/or mail for instance) at home, work, and/or another location
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An order requiring no contact with other relevant and interested persons
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A temporary visitation schedule to see the children with designated locations for pickups and drop offs
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An order for temporary support until the matter is formally addressed in the divorce or non-dissolution division of the courts
Obtaining a Temporary Restraining Order—What You Need To Know
If you are a victim of domestic violence in New Jersey, you can obtain a Temporary Restraining Order against your abuser at either the Family Division of your county Superior Court or at your local police station.
NJ Temporary Restraining Order at the Courthouse
(Monday-Friday 8:30 a.m. - 4:00 p.m.)
NJ Temporary Restraining Order at the Police Station
(Monday-Friday 4:00 p.m. - 8:30 a.m. and on weekends)
When you arrive at the county courthouse or police station, tell the clerk or officer on duty that you:
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Are a victim of NJ domestic abuse
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Would like to file a complaint against your abuser
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Would like a Temporary Restraining Order against your abuser
After you have filled out paperwork detailing all of the domestic abuse you have suffered (both past and present), a judge will speak to you regarding your situation. Be sure to relay each account of violence carefully and precisely, in order to present an accurate picture of your domestic situation. Once your case has been heard, the judge will determine if a New Jersey Temporary Restraining Order should be issued.
When the judge grants your Temporary Restraining Order, the police officers have the authority to remove the abuser from your home, in order to protect you from further abuse. Even if the Municipal Court Judge denies your afterhour’s request (through the police) for a Temporary Restraining Order, you may still reapply during normal business hours at the Superior Courthouse.
The Final Restraining Order
You and your abuser will be ordered to appear at a final restraining order hearing—approximately 10 days after receiving the Temporary Restraining Order. During this hearing, you and your abuser will both need to appear at court and testify under oath. Many victims of NJ domestic violence have tremendous difficulty coming face to face with their abuser—especially after obtaining a Temporary Restraining Order. As such, it is advisable to contact an experienced NJ Divorce Lawyer to present your case and ensure that a final restraining order is granted.
During this confusing and emotional time, it is important to know that you are not alone. The domestic violence attorneys at Weinberger Law Group are experienced in handling all NJ domestic violence matters and can navigate you through this difficult experience. If you are the victim of domestic violence, call our office immediately at 973-457-1244 to schedule a FREE, CONFIDENTIAL INITIAL CONSULTATION with one of our compassionate and experienced NJ domestic violence attorneys.
For more information about New Jersey domestic violence, NJ Temporary Restraining Orders, Final Restraining Orders, or other family law matters, please contact us for a free consultation.
Our partner, Bari Zell Weinberger, is certified by the Supreme Court of NJ as a Matrimonial Law Attorney. This Certification is achieved by only 2% of the attorneys in New Jersey.
