Tag Archive for: restraining orders

Contact a skilled New Jersey family law attorney for help with domestic violence

It is natural for couples to have fights and various arguments throughout their relationship.  However, when these fights escalate to include verbal abuse and physical assault, you should know that protection is available to you.  Whether your abuser is your husband, wife, boyfriend, girlfriend or partner, domestic violence and abuse is a crime – seeking the counsel of a skilled New Jersey family law attorney is often the best method for getting help with this type of situation.  For your protection, a New Jersey family law attorney can help you obtain a restraining order.

In New Jersey, a restraining order is a court-order issued by a judge that provides specific protection for your safety and well-being.  If you are the victim of threats or abusive behaviors, you should contact a local police department, call 9-1-1 or go to a local court house and report the incident.  A judge is available and is on-call, even after hours, for these types of emergency situations and has the power to execute an immediate temporary restraining order.

After a temporary restraining order has been issued, a formal hearing will take place before a superior court judge in the family division to determine if the temporary restraining order should be converted into a final restraining order.  Both sides have the opportunity to present their cases to the court, and a judge will make the final decision.  If granted, this restraining order serves as full protection for an indefinite period of time.  If the abuser fails to comply with the terms of the final restraining order, the violation can result in a criminal record and possible jail time.

For domestic violence questions or concerns, contact us in New Jersey at the Weinberger Divorce & Family Law Group, or call us at (973)520-8822.  We are a family law firm with the experience and commitment to help you with your most complex legal needs.

Basic Information about a New Jersey Restraining Order

You may have experienced a bad relationship or divorce with your former partner.  A New Jersey restraining order is a reality and solution for those who feel their safety and personal space is threatened by another person.

A New Jersey restraining order is a civil order issued by a judge.  The order provides protection against the presence of unwanted parties such as a former spouse, boyfriend, girlfriend, present or former household member, and other parties identified in the restraining order.

The precipitating events and reasons to seek a New Jersey restraining order vary, but most seek such an order because they feel threatened by another person.  Events of domestic violence often precede the need for a New Jersey restraining order.  In general, if a family member or other person attempts to harm you (with our without a weapon) or gives you reason to believe they are planning to harm you, then that person may have committed an act of domestic violence.

Domestic violence occurs in many forms.  People may seek a New Jersey restraining order as a derivative of the following actions: assault, terroristic threats, kidnapping, criminal mischief, false imprisonment, sexual assault, harassment, and stalking.

New Jersey temporary restraining orders can be granted by means of an emergency order when the courts are closed and can be facilitated by contacting local police or 911.  A final restraining order is granted once both parties are given the opportunity to tell their side of the story and the judge decides the temporary restraining order should be made permanent in order to protect the safety and well-being of the victim.

Obtaining a New Jersey restraining order can result in the following:

–          A no-contact provision that prohibits the abuser from communicating with the victim

–          An order that permits the abuser to remove limited items from a previously shared space in the company of a law officer

–          Emergency financial support from the abuser, including support for minors

–          Temporary sole possession of the home for the abused