A restraining order, which is also called as a protective order, is a document signed by a judge to guard you against domestic violence, harassment, or any other form of abuse. A victim of domestic violence gets this order. These orders are meant to stop the alleged perpetrator from ever speaking to the victim again. Although the terms and circumstances of each case are different, there are some things that are the same. If you want to know more, call our New Jersey Protective Order attorney at the Law Offices of SRIS, P.C. Our New Jersey Protective Order lawyer is knowledgeable and experienced and knows how to begin obtaining a New Jersey Protective Order against an abuser.
When you are a domestic violence victim and concerned about your physical and emotional safety, it is only natural to avoid thinking about intricate legal matters. Instead, let our New Jersey Protective Order attorney handle your request for protection to get your life back to normal and have peace of mind.
What is a New Jersey Protective Order?
A New Jersey Protective Order is a court order that is signed by a judge thereby limiting the perpetrator’s behavior to protect you from further abuse or harassment.
A New Jersey Protective Order can:
- Forbid the perpetrator from being near your home or place of employment;
- Forbid contact between you and the perpetrator;
- Forbid the perpetrator from contacting your minor children or their school;
- Adjudge decisions regarding child support and custody;
- Adjudge decisions regarding the division of property.
A New Jersey Protective Order can be obtained without incurring any fees and can be renewed annually at the judge’s discretion for a fee. However, when it comes to a New Jersey Protective Order, there are many things to think about, so it would be helpful to have a New Jersey Protective Order attorney to guide you through the process.
What are the types of New Jersey Protective Orders?
Emergency New Jersey Protective Order:
Emergency New Jersey Protective Order is often given at the place of domestic violence. For example, a cop can call an appointed authority if they believe a domestic violence victim is in danger of experiencing further violence from the perpetrator. The judge can then issue an emergency New Jersey Protective Order, which serves as a temporary measure until the victim or survivor can obtain a permanent New Jersey Protective Order.
Temporary New Jersey Protective Order:
A survivor or victim of abuse can obtain a temporary New Jersey Protective Order, also known as ex parte New Jersey Protective Order, even if the alleged perpetrator is absent.
A victim or survivor can request a temporary New Jersey Protective Order in court. A judge will issue a temporary New Jersey Protective Order for the survivor or victim if they agree that they are at risk from their alleged perpetrator and that doing so is for their welfare.
A temporary New Jersey protective order can protect citing the perpetrator to stay away from the victim. A temporary New Jersey protective order typically expires after ten days. In any case, assuming the hearing is delayed for reasons unknown, it might continue longer.
Final New Jersey Protective Order:
At the hearing, both parties have the chance to introduce proof to the court. A final New Jersey Protective Order will be issued if the court determines that it is necessary to safeguard the victim. Final New Jersey Protective Order does not have a set expiration date.
A Final New Jersey Protective Order can provide protections like requiring the convicted abuser to keep a certain distance away from the survivor or victim and other people involved, no access to firearms, stopping contact with them through other means like calls, social media, or texting, and giving up custody of the children they share with the survivor or victim.
How is a New Jersey Protective Order helpful?
To stop more abuse and harassment from the perpetrator, a New Jersey Protective Order can be helpful. However, an important consequence of a New Jersey Protective Order is that the perpetrator may be arrested.
If you are a victim of stalking, a New Jersey Protective Order can help. You can ask for a New Jersey Protective Order to help stop someone from stalking or following you at home or work. In addition, determining who has custody of a child and making other family-related decisions like distributing property and paying child support can be made easier with the help of a New Jersey Protective Order.
If you discuss this with our attorneys, we will examine what is happening with you to check whether a New Jersey Protective Order request would affect your particular case.
How to get a New Jersey Protective Order?
Individuals can petition for New Jersey Protective Order because of physical attack, harassment, rape, verbal attack, etc. A protective order can also be requested in response to threats of violence. The people who need legitimate assistance for such a request can talk with a legal advisor. The attorney can then file the paperwork on the client’s behalf.
A lawyer should decide whether the client can petition for a New Jersey Protective Order. Restraining orders are available to various abuse victims under New Jersey law. For example, married, separated, or divorced individuals can apply for it. In addition, individuals can apply for restraining orders against ex-partners and those who currently or previously shared their household. Also, individuals who share or plan to share a child may file for protection.
How is a New Jersey Protective Order enforced?
The police can enforce it. Assuming the victimizer disregards any order terms, the victimizer might be captured and charged for the infringement. In addition, they could be prosecuted for any additional offenses that are committed.
What are the possible results of a restraining order?
There are two distinct principles for getting a restraining order in New Jersey, depending on whether it is a temporary or final order. First, a judge only needs to believe that the victim’s allegations of fear of violence are warranted and legitimate for a temporary restraining order to be granted. In contrast, a higher standard is set when a hearing is held regarding a final restraining order. A final restraining order hearing must be held within ten days of the temporary order being issued, and a Superior Court Judge will require more evidence at that time to prevent abuse of the process. Indeed, even with the necessity of proof, the need for evidence in a typical case is lower than that of a criminal case.
A criminal court’s decision to issue a restraining order is based on the standard that the defendant poses a threat beyond a reasonable doubt. In contrast, when a restraining order is granted in a civil case, the applicant only needs to provide sufficient evidence to suggest that they have reason to be concerned. The proof submitted will probably incorporate subtleties of the occurrence that hastened the petitioning for the controlling request and may incorporate having observers vouch for what they saw. Documentary proof might include intimidating messages, letters, or accounts that were gotten on voice messages. Cross-examination, in which the defendant can question both the victim and the witnesses, will be part of the procedure. In addition, they can present their evidence, and the judge can ask both parties. The judge will decide based on what was heard, the victim’s reasonable fear for their safety, and whether there is a history of domestic violence after all evidence has been presented and all questions have been answered.
Protection from future violence, the prohibition of contacting or harassing the applicant, and custody of any minor children are all possible outcomes of a restraining order. It may also prohibit the possession of weapons and temporary possession of personal property. For the victim, the request addresses security; however, for the individuals who have been wrongly charged, it can be terrifying. Call our experienced attorney immediately to learn how we can help you with restraining order issues.
What can you expect from our New Jersey Protective Order attorney?
Our lawyer not only defends those served with a TRO but also assists the victims of domestic violence in obtaining a final restraining order. These hearings typically result in a determination of credibility, despite their complexity. In addition, final restraining orders in New Jersey are in effect forever. As a result, we strongly urge you to contact an experienced and skilled domestic violence defense lawyer as soon as possible.
When you engage our services, we look for or implement your New Jersey Protective Order request. We also offer a no-obligation initial consultation in which you can talk directly with a skilled New Jersey Protective Order attorney about the specifics of your case; collect and examine any relevant evidence; prepare and submit a formal request for a New Jersey Protective Order on your behalf to the local court; keep you fully informed and up to date on the status of your request for New Jersey Protective Order and support you in filing for divorce, if needed.
Our New Jersey Protective Order Lawyer at the Law Offices of SRIS, P.C., is here to assist you if you need to file a temporary or permanent New Jersey Protective Order. When you hire our skilled divorce lawyer, you benefit from years of experience dealing with family law cases like yours.
If you feel that your safety is being compromised, it is essential to act immediately. Get in touch with our New Jersey Protective Order lawyer right away to set up a consultation. Your life is at stake, so act now to stop all further consequences.