Restraining order and domestic violence video FAQs: If you or a loved one is in an abusive relationship and does not know where to turn, we urge you to watch our video FAQs relating to domestic violence and the law in New Jersey. There is help for you and your family. Watch as family law expert Bari Z. Weinberger answers common questions about the legal process of obtaining a restraining order in the family court and explains how to access valuable resources you can access to get help and get to safety. Also, review our text FAQs on restraining orders and domestic violence issues.
Domestic Violence Video FAQs
How Can I Get Help For A Domestic Violence Issue?
Domestic violence is a very serious situation and victims of abuse deserve help and protection. Are you experiencing domestic violence? To obtain a restraining order, go to your local Municipal Court, or Superior Court with a domestic violence unit, and obtain a temporary restraining order. Case workers assigned to the court can meet with you there, whether you are a man or a woman. You will then go before the judge, who has the ability to give you an immediate temporary restraining order to give the protection you need. Once a temporary restraining order (TRO) is issued, there is immediate protection for a period of approximately 10 days, after which there is a determination of whether or not that temporary restraining order gets converted into a final restraining order. If you need a temporary restraining order, but it is after court hours, or a weekend or holiday, go to your local police station. The police have procedures for issuing TROs in the event court is closed.
What should I do if the person I have a restraining order against attempts to contact me?
Violating a final restraining order is a serious matter. In fact, it’s actually a crime. What most people don’t know is that if somebody who is subject to a restraining order passes you on the street and simply waves to you and says, “Hello,” you can go to the police and have them immediately arrested. It’s no joke, and it’s something that should be taken very seriously. So in the event that you have such an order of protection, any type of communication that is prohibited under a final restraining order should absolutely be held to the strictest of adherence in the event of any type of violation what so ever. A text message, a voicemail message, a communication through a third party, a letter or any type of communication, even in passing, take it seriously and report it.
In New Jersey, how does a temporary restraining order turn into a permanent order of protection?
If you have a temporary restraining order already in place and you are wondering how you make that temporary restraining order a permanent order of protection, here is what happens: Generally, 10 days after the initial issuance of that temporary restraining order, a final hearing takes place, essentially a trial before a judge in the Superior Court. Both parties are present and both are permitted to bring attorneys, witnesses, even police officers who might have been present during the initial incident, and both parties present their case. The judge makes a decision about whether or not the temporary restraining order — and the initial act that resulted in the TRO, and any prior incidents or history of domestic violence — rises to the level of converting that temporary restraining order into a final restraining order.
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