Order of Protection NJ
An Order of Protection New Jersey is a restraining order issued in favor of the petitioner seeking safety against an abuser. The order of protection New Jersey can ensure the safety and security of the petitioner; this order not only helps keep the abuser away from the petitioner but also prevents further assault or domestic violence. Since it is a civil order, the defendant or respondent will not be subjected to a criminal record. But if they happen to violate it, they could get booked under a criminal charge. To better understand the order of protection New Jersey, you can connect with our domestic violence lawyers at The Law Offices of SRIS, P.C.
Who Can Make an Appeal for an order of protection New Jersey?
A victim of domestic violence, irrespective of age and sex, has the right to request an order of protection New Jersey. An assault will be considered domestic violence in the following circumstances:
- The accused must be the petitioner’s spouse, ex-spouse, or dating partner
- Could be a member of the family (including parents, grandparents, and siblings)
- It could be a person with whom the petitioner shares a child in common
You must remember that even stalking and unwanted verbal threats shall be considered domestic violence by state law.
What does an order of protection New Jersey Do?
An order of protection New Jersey carries the following conditions, and the respondent is required to abide by them;
- The abuser or the respondent must avoid contacting the petitioner by all means. They must stay away from the accuser’s house, place of work, and school.
- If the respondent shares the same house with the petitioner, the court can order the abuser to vacate the place. This condition remains valid even if the apartment or home is in the respondent’s name.
- The custody of children may be granted to the petitioner, and in such situations, the abuser should pay for spousal and child support. Unless the case of violence is severe, the court can grant visitation rights to the respondent if requested.
- If the assault is proven in court and the violence is beyond the level of acceptance, then the court will order the respondent to pay for your medical bills and attorney fees.
- If the respondent needs to remove any property from the house you share, the court will order the abuser to be escorted by police to keep the petitioner’s safety under check.
Under an order of protection New Jersey, the petitioner will be granted the highest level of security they wish to receive. The court will take every step possible to protect you from harm.
How do you file an order of protection New Jersey?
You can visit the Domestic Violence Unit of the Family Division on working days between 8:30 am to 3:30 pm and request the order of protection New Jersey. The Court officials will help you with the filing procedures. If you want to be extra sure about the filing process, you can always take our domestic violence lawyer with you for assistance. You may be asked to relate the incident that led to the restraining order filing. For example, if you are filing it through a police department, you will be asked to talk to the judge over the phone and provide details of the assault. The court or hearing officer will immediately grant a temporary order of protection in New Jersey.
Once the order of protection New Jersey is served to the respondent, the accused and the accuser will be summoned for a hearing, wherein the victim must present proof to authenticate the assault. Suppose the court is satisfied with the evidence. In that case, they will decide whether to prolong the order of protection New Jersey for a certain period of time or grant a permanent order of protection New Jersey.
What happens if the order of protection New Jersey is violated?
If the abuser violates even one condition mentioned under the order of protection New Jersey, the petitioner can call the police immediately. However, it is always best to double-check with your lawyer before making a complaint because, at times, contact by coincidence may need to be taken more seriously by the court. If the respondent is found guilty, they will be booked under a criminal charge which could result in jail time for up to 18 months.
If you need help filing an order of protection New Jersey, connect with our lawyers at The Law Offices of SRIS, P.C.; we will be more than willing to assist you.