Restraining Orders- New Jersey Laws
This post focuses on
providing readers information regarding the restraining orders assigned by New
Jersey Courts of law in family law cases of domestic violence.
What is meant by a
Restraining Order?
A restraining order is
a Court order issued against the abuser (defendant) to prevent them from
hurting the victim further, to keep the abuser away from the victim, to protect
him/her from harassing the victim or to keep them away from the crime scene
(place of violence) which might include home, apartment or workplace. Being a
civil order, the defendant does not get a criminal record in his/her name when
a restraining order is issued in his/her name.
Who can obtain a
Restraining Order?
A victim of domestic
violence can file for a restraining order. The victim can be a man or a woman
who has received physical, mental, sexual or economic abuse at the hands of
their spouse or someone they shared an intimate relationship with. It also
covers dating relationships of victims more or less than 18 years of age.
What does it do?
The judge would sign an
order of protection with orders for the abuser to obey such as the likes of
these:
Ø The order against contact where the abuser is
ordered to severe all contacts with the victim both in person and by phone (any
digital media). The victim can ask the Court to include his/her workplace and
any other place along with their home address in the order.
Ø The court can order the abuser to leave or walk
out of the place you share with him/her; even if they own it.
Ø The police might be ordered to escort the
abuser while they remove their personal belongings from your place or shared
residency.
These are just some of
the orders NJ courts can ask the abuser to obey on victim’s request. You need
to consult with a professional Red Bank
divorce attorney regarding your personal requests and he/she would advice
you for future actions accordingly.
Where are restraining
orders filed?
A restraining order
can be filed in the Domestic Violence Unit of the Family Divisions of Superior
Court from Monday to Friday, between 8:30 a.m. to 3:30 p.m. You can either do
it yourself or take assistance from a working Woodbridge divorce attorney for completing the paperwork.
It is always advised
to take consult from a professional attorney who specializes in family law to
get complete understanding of your position in the case and plan future
strategies with them if you wish to take further legal action against the
abuser.
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