Protective orders, known as Restraining Orders, in the State of New Jersey can safeguard domestic violence victims. Under the Prevention of Domestic Violence Act, which was first enacted in 1982, restraining orders are legal in New Jersey. The law was updated in 1991 to include a wider range of relationships and felonies than just sexual Violence. In this State, there are two types of restraining orders – temporary restraining orders (TROs) and final restraining orders (FROs). Both of them are issued by a judge. If you are in an unfortunate situation of requiring a New Jersey District Court Protective Order, you need to contact an attorney. Our attorney at the Law Offices of SRIS, P.C., can help you with the New Jersey District Court Protective Order.
New Jersey District Court Protective Order – Meaning
A person named in a New Jersey District Court Protective Order can’t talk to or come within a certain distance of another named person for a certain amount of time. Victims of domestic Violence will be shielded from future acts of Violence by the orders. This is nothing but a preventative measure to safeguard the victim. The New Jersey District Court Protective Order prohibits the victim’s family and/or other relevant individuals from contacting them. The New Jersey District Court Protective Order also prohibits the defendant from visiting the victim’s workplace or residence.
New Jersey District Court Protective Order is issued by a court and does not automatically expire if the abuser and the victim reconcile. Even if the victim and the abuser make contact while the order is in place, such as by attending therapy together, the defendant may still be subject to criminal charges.
Domestic Violence that can attract New Jersey District Court Protective Order
A single act or a series of physical, sexual, or verbal abuse can be considered domestic Violence, when it is committed by two people who live together, are pregnant, or are in a romantic relationship.
According to New Jersey law, domestic Violence occurs when these two groups of people commit one or more of the following crimes:
Assault- Burglary
- Coercion
- Mischief
- Trespass
- Sexual contact
- Sexual assault
- Stalking
- Terroristic threats
- False imprisonment
- Harassment
- Homicide
- Kidnapping
- Lewdness
- Robbery
AssaultGender is not a factor in determining domestic violence cases, so you can file a New Jersey District Court Protective Order against someone of the same sex.
Who Is Eligible to Apply for and Be Given a New Jersey District Court Protective Order?
The Prevention of Domestic Violence Act covers people who have been victims of domestic violence by someone at least 18 years old or an emancipated minor.
- A present or ex-spouse
- A present or ex-household member
- A person with whom the victim had a dating relationship
- A person, the victim, has a child with or is expecting to have a child
Emancipated minors are those under 18 and fall under the following categories:
- Have been married
- Is pregnant
- Entered the military
- Have a child
- Is declared emancipated by a court or administrative agency
Cases when not qualified for a New Jersey District Court Protective Order
To obtain a New Jersey District Court Protective Order, the abuser, and the victim must have a specific relationship. A sexual abuse restraining order may be available if you have been sexually abused. Remember that the abuser may still be committing a crime for which you can obtain a Restraining order from the criminal court if they are arrested, even if you do not currently qualify for one.
For instance, in New Jersey, it is against the law if the abuser is stalking you. You can get a New Jersey District Court Protective Order without having to know your stalker or have been convicted of stalking. The criminal court may issue you a New Jersey District Court Protective Order if the stalker is found guilty of stalking.
The stalker will be unable to:
- Engage in any form of contact that would irritate or alarm you.
- Visit your workplace, property, home, or any other location listed in the protective order
New Jersey District Court Protective Order does not cover the majority of forms of mental and emotional abuse. For support, contact a local domestic violence organization if you do not qualify for a New Jersey District Court Protective Order. Additionally, you can discuss your legal options with our attorney at the Law Offices of SRIS, P.C. We have helped several clients with the New Jersey District Court Protective Order, and the results have been positive. Contact our attorney for a New Jersey District Court Protective Order now!