Domestic violence is an unfortunate occurrence that affects many people in New Jersey. Domestic violence crimes often leave victims feeling isolated, scared, and uncertain about their options.
If you need protection from an abusive partner or family member in New Jersey, understanding how to file for a domestic violence restraining order is crucial.
Although dealing with domestic violence can be stressful, Weiner Law can walk you through the specific New Jersey laws governing domestic violence.
We can also walk you through the process of obtaining a domestic violence restraining order, and how a New Jersey domestic violence lawyer can provide assistance during this challenging time.
To get started, please contact us today.
What Is a Domestic Violence Restraining Order?
Let’s start with a basic question. What is a domestic violence restraining order? A domestic violence restraining order is a legal measure designed to protect individuals from abuse or threats of abuse by a current or former intimate partner.
In New Jersey, this order can provide immediate and long-term protection for victims of domestic violence, including physical harm, harassment, or threats.
- Temporary restraining order (TRO). These are issued quickly to provide immediate protection and may include provisions such as barring the abuser from contacting or approaching the victim and granting temporary custody of children.
- Final restraining order (FRO). FROs are issued after a court hearing where both parties present evidence. An FRO can offer ongoing protection and remains in effect indefinitely or until modified by the court.
Obtaining a restraining order involves filing a complaint with the Family Division of the Superior Court, attending an initial hearing, and potentially a final hearing to determine the need for long-term protection.
Legal assistance is often beneficial to navigate the process and ensure that the restraining order effectively safeguards the victim’s rights and safety.
How to File a Domestic Violence Restraining Order
If you’re feeling threatened by someone close to you, you’re probably wondering how to file a domestic violence restraining order. Obtaining such an order in New Jersey involves several steps.
First, you’ll file your complaint. Then, you’ll move on to a hearing for a temporary restraining order (TRO). Once the judge issues the TRO, you’ll move on to a hearing to get a final restraining order (FRO).
At these hearings, you’ll have to present evidence to support your request. Let’s look at the steps in more detail.
File a Complaint
You will file your complaint with the Family Division Office of the Superior Court in the county where you live, where the domestic violence occurred, or where the alleged abuser lives.
If it’s an emergency, and you want to file while the court is closed, go to your local police department.
What to Include in Your Complaint
In your complaint, you will provide your full name, address, and contact details, as well as the alleged abuser’s information.
You’ll want to describe the incidents of domestic violence in detail, including dates, times, and any relevant facts or evidence.
Finally, be sure to list any witnesses who can support your claim and any evidence, such as photographs, medical records, or text messages.
This process is a civil law process. If you also wish to file criminal charges, that is a separate legal issue. You can go to the municipal court or police department where the domestic violence occurred.
Having an attorney can help ensure that your complaints are properly prepared and filed in the correct court.
Initial Hearing
After filing, you’ll have an ex parte hearing with a judge. “Ex parte” means the alleged abuser is not present. You’ll explain your situation and demonstrate that you are in immediate danger or at risk of further harm.
You should also provide evidence and detailed accounts of past and present abuse. If the court finds sufficient cause, it will issue a temporary restraining order (TRO).
Issuance of Temporary Restraining Order
Law enforcement will then serve the TRO on the alleged abuser. This official notification is crucial, as the abuser must be aware of the order to be held accountable for violating it. The TRO may include provisions such as:
- Prohibiting the abuser from contacting or coming near you,
- Requiring the abuser to leave your home if relevant, and
- Granting temporary custody of children or possession of shared property.
The court may also grant specific requests depending on the circumstances.
Final Restraining Order Hearing
The court schedules a hearing for a final restraining order (FRO) within 10 days of issuing the TRO. Both parties have the right to present evidence and testimony at this hearing.
As the petitioner, you must present evidence to prove that domestic violence occurred, that you still require protection, and that an FRO is necessary to ensure your safety.
Terms of an FRO
An FRO may include long-term protections similar to those in the TRO but can also be more comprehensive. It might include:
- Extended prohibitions on contact and proximity,
- Long-term custody arrangements, and
- Orders for the abuser to attend counseling or pay restitution.
The terms of the FRO will depend on what the court feels is best for your safety and well-being, as well as the safety of any children involved.
How Long Do Domestic Violence Restraining Orders Last?
Many people ask, How long do domestic violence restraining orders last? If the judge determines by a preponderance of the evidence that the alleged abuse occurred, they will issue an FRO.
Unlike a TRO, an FRO has no expiration date. It remains in effect until either party requests its dismissal and a judge approves that request.
How a New Jersey Domestic Violence Lawyer Can Help
Navigating the legal system during a domestic violence situation can be overwhelming. A New Jersey domestic violence lawyer can provide crucial assistance.
- Legal guidance. A lawyer can explain your rights under New Jersey law. They can also guide you through the legal process of obtaining a restraining order.
- Case preparation. Your attorney can help gather and organize evidence to support your case, including police reports, medical records, witness statements, and any documentation of threats or abuse.
- Court representation. A lawyer can represent you at both the TRO and FRO hearings. They know how to present your case effectively and counter any arguments made by the alleged abuser or their attorney.
- Safety planning. Beyond legal representation, a domestic violence lawyer can help you develop a safety plan and connect you with local resources and support services.
- Addressing related legal issues. Domestic violence often intersects with other legal matters such as divorce, child custody, or immigration. A knowledgeable attorney can help address these related issues or refer you to other professionals who can help.
- Enforcement and modifications. If the abuser violates the restraining order, your lawyer can help you take appropriate legal action to enforce compliance. They can also assist with any necessary modifications to the order over time.
- Appeals process. If a judge denies your request for an FRO, a lawyer can, if appropriate, guide you through the appeals process.
The process of dealing with domestic violence can be challenging, so it is important to have the right legal team on your side.
Additional New Jersey Resources for Domestic Violence Victims
New Jersey offers several resources for victims of domestic violence:
- New Jersey Domestic Violence Hotline—for immediate assistance, call 1-800-572-SAFE (7233);
- New Jersey Coalition to End Domestic Violence (NJCEDV)—provides a network of programs and services across the state; and
- New Jersey Address Confidentiality Program—helps victims of domestic violence keep their addresses confidential.
Call 911 or your local law enforcement if you are in immediate danger.
Let Weiner Law Help You
Understanding New Jersey’s domestic violence laws and the process of obtaining a restraining order is crucial for anyone facing abuse.
Remember, you have legal protections and resources available to help ensure your safety. While navigating this process can be challenging, you don’t have to do it alone.
At Weiner Law, our lawyers have over 35 years of hands-on experience advocating for people in this type of situation.
We understand that domestic violence cases present many challenges, and we are committed to helping you get the best outcome possible so you can move on with your life. Contact us today to schedule a consultation.