Getting a protective order can offer survivors/victims of domestic violence the protection they need against an alleged abuser. However, the process of actually getting a protective order can be confusing. Today, we're looking at the steps you need to take to acquire a restraining order in New Jersey.
To schedule a consultation with our team and start moving forward with your protective order case, contact us online or via phone at (908) 274-3028.
Getting a Restraining Order in NJ
If you're involved in an abusive or violent relationship, help is available. Consider calling the National Domestic Violence Hotline at 1-800-799-7233 or texting the hotline at 1-800-787-3224 for 24/7 confidential help. Alternatively, this list of domestic violence shelters and resources in New Jersey may be helpful to you. Stay safe.
There are two types of restraining orders:
- A temporary ex parte restraining order (TRO), and;
- A final restraining order.
You can get a TRO without the other party being present or consenting to the order. To receive a TRO, the judge presiding over the case must believe that you are in imminent danger of suffering further harm at the hands of the alleged abuser. Judges can issue TROs if they believe a TRO can protect the life, health, or wellbeing of the individual filing for the order.
TROs generally only last a set amount of time (usually around 20 days) but can be extended until the court can hold a final hearing on the case. Law enforcement officers may be present to serve the alleged abuser with notice of a TRO, escort them off the premises, and repossess any weapons the suspected abuser may own.
After a domestic violence case is filed with the court both parties must attend an official hearing.
If the judge rules in favor of the plaintiff (the individual requesting the restraining order), they can issue a final restraining order. Final restraining orders are more long-lasting and stricter than TROs, and can also have other effects (such as requiring the abuser to repay the plaintiff's court fees, take a psychiatric evaluation, relinquish firearms, and more).
If you're involved in a domestic violence case, receiving a restraining order can enable you to retake control of your life and receive the protection you need in and out of court.
At DeTommaso Law Group, LLC, we'll work with you to pursue a restraining order in your case. Contact us online or via phone at (908) 274-3028 to learn more.