Peyrouton Law

NJ Restraining Order Lawyers

introduction

New Jersey’s Prevention of Domestic Violence Act arrived in 1981.
The Act protects victims from their abusers. Recent FBI studies estimate that a woman is abused every 15 seconds.
In addition, the Surgeon General of the United States found that domestic violence is the “single largest cause to women”.
Restraining orders are issued hundreds of times a day in New Jersey. They frequently involve criminal charges.
Whether you are the plaintiff or defendant in a domestic violence matter, we’re here to help.
Click here to learn more about us.

What we'll discuss

New Jersey Restraining orders are unlike the restraining orders issued in New York and other states. In these states, restraining orders expire after a certain period of time.
In New Jersey, a Final Restraining Order never expires.
If you want to remove a Final Restraining in NJ, then you have file special papers with the court. More on this later. For now, let’s go through each of these commonly asked questions.
  • What is a restraining order?
  • Why did I get a criminal charge?
  • How easy is it to get a Restraining Order?
  • What are the requirements to get a Restraining Order?
  • How do you file for a Restraining Order?
  • How effective are Restraining Orders?
  • When does it become a Final Restraining Order?
  • How long does a Final Restraining Order last?

What is a restraining order?

A “Domestic Violence” restraining order is a legal way to protect you if you are a victim of domestic violence.
It’s a judicial order that limits contact between a victim and their abuser. It attempts to control the abuser’s behavior.v For example, your abuser may be forbidden from contacting you in any way.
This means that your abuser cannot text, email, call, or communicate through another person.
The restrictions contained in this type of court order are based on circumstances that vary from case to case. For example, a restraining order may contain provisions regarding child support, parenting time, and custody issues.

Why did I get criminal charges?

If you have a criminal charge in addition to your restraining this can mean one of two things:
1. Either the police officer who responded to the incident decided to file the complaint.
Important note: If a police officers responding a domestic violence situation offers any injury, the cop has no choice. Police officers MUST sign a criminal complaint. This is not true for the alleged victim. This person has more choices.
2. The plaintiff (alleged victim) filed both charges together.
For example, a person go to the local police department to ask for a restraining order. During the visit, this person decides to file a criminal complaint against the abuser.

How easy is it to get a Restraining Order?

It is a simple process.
There are many agencies and places that you can go to for help.
However, in our experience, the quickest way is to visit your local police department. You can just walk in and the officer on desk duty why you are there.
The police will be polite, courteous, and very supportive while helping you fill out the paperwork.

what are the Requirements? 

You can get a domestic violence restraining order if:
You are or were married to the abuser.You share child(ren) with the abuser.One of you is pregnant.You are over 18 and are currently living with or previously lived with the abuser.
Regardless of your age, you are having or did have a dating relationship with an abuser over the age of 18.
Also, to qualify for a temporary restraining order, the abuser must have done something that meets the definition of at least one the following crimes:
  • harassment,
  • assault,
  • terroristic threats,
  • criminal mischief,
  • kidnapping,
  • burglary,
  • sexual assault,
  • criminal sexual contact,
  • false imprisonment,
  • criminal restraint,
  • criminal trespass,
  • lewdness,
  • stalking,
  • homicide.

Can you file a Restraining Order
against anyone?

In order to get a “Domestic Violence” restraining you have to meet the criteria described here.

How do you file for it?

The quickest way is to visit your local police department and speak with the officer on desk duty.

What happens if i violate it?

You never want to violate the term of your restraining order.
A violation will result in further complications. For example, you may be re-arrested and charge with a Felony charge.
To learn more about felony charges, try reading: NJ Felony (Indictable) Charges: 5 Steps To Start Fighting Back

How long does a final restraining order last? 

If a Final Restraining Order was entered against you in New Jersey, it will never expire unless one of the following occurs:
The person whom once feared you (Domestic Violence victim) changes his/her mind and asks the court to remove or lift the Final Restraining Order; or
You appeal the decision of the court that issued the FRO and win; or After plenty of time has passed, you file a motion asking the court to “vacate” or “undo” the original order.

How can it get removed?

Final Restraining Orders can be removed in 3 ways

  • The Alleged Victim Withdraws the Final Restraining Order
  • You Appeal the decision of the court & Win!
  • You win your Motion to Vacate the Final Restraining Order

Consequences Of a
final Restraining Order In NJ?

If the Court has entered a Final Restraining Order against you, this means that you cannot contact the victim in any way, shape or form.

This includes contact through a mutual friend. If the courts enters an FRO against you, this can have serious consequence.

Some of these include the following:

You may not possess a firearm.
Your name enters a Domestic Violence Central Registry.
You will be finger-printed and a photo will be taken.
You will be assessed a fine between $50.00 – $500.00.
You will have to make new living arrangements.
You will be obligated to pay for the mortgage of the home you were ordered to vacate.

But the worst part about a Final Restraining Order in NJ is that you can be charged with contempt if you ever violate it.

  • The Alleged Victim Withdraws the Final Restraining Order
  • You Appeal the decision of the court & Win!
  • You win your Motion to Vacate the Final Restraining Order

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