“Are you worried about your safety and considering filing a restraining order in New Jersey? I understand how difficult this process can feel, but I want you to know that you don’t have to go through it alone. Whether it’s a situation of domestic violence or an ongoing threat, getting legal protection should be your first step.” – Adamo Ferreira Esq LLC
Your Guide to Legal Protection Against Domestic Violence in New Jersey
Who Can File a Restraining Order in New Jersey?
To file a restraining order in New Jersey, you need to meet specific eligibility criteria. According to New Jersey’s Prevention of Domestic Violence Act, you can file if:
- You and the defendant were in a dating relationship.
- You lived together at some point.
- You have a child together.
If you don’t meet these conditions, you won’t be able to file for a restraining order but may pursue criminal charges depending on the situation.
If any of the above apply to your situation, then you are eligible to apply for a temporary restraining order (TRO). If not, you may not be eligible. NOTE: You can’t file a restraining order against your neighbor, for example, unless you and your neighbor had previously been involved in a relationship. You may be able to file criminal charges but a restraining order is not applicable in that case.
Where and How to File a Restraining Order in NJ
Restraining orders can be filed at your local police department or the Superior Court in the county where the violence occurred, where either party resides, or where the victim is sheltered. When you file, you will need to provide sworn testimony or a signed statement to be reviewed by a judge, who will decide whether to issue a temporary restraining order (TRO).
The TRO is designed to offer immediate protection, preventing the defendant from contacting or approaching you.
Steps to Filing a Temporary Restraining Order (TRO)
Once it’s determined you have standing, you’ll need to take the following steps:
File a Domestic Violence Complaint: Go to the local police or court, where you will provide the necessary details about the situation.
Provide Evidence: The judge will need to hear or see evidence of a predicate act of domestic violence (assault, harassment, terroristic threats, or stalking). A history of domestic violence may also be considered, although it is not always necessary.
Demonstrate Need for Protection: You must prove that the restraining order is needed for your safety and well-being.
If the TRO is granted, the defendant will be prohibited from contacting you, and any violations will lead to arrest. The restraining order can also specify locations or individuals the defendant must avoid, such as your home, workplace, or family members. Custody and visitation arrangements for children will also be addressed if necessary.
What Happens After a TRO is Granted?
Once a TRO is issued, a final hearing will be scheduled within 10 days. At this hearing, the court will determine whether a final restraining order (FRO) should be issued, offering more permanent protection.
What If the TRO is Violated?
If the defendant violates the TRO, they will be arrested and charged with contempt of court, which can lead to significant penalties. It’s crucial to report any violations immediately to ensure your safety.
How Long Does a Restraining Order Last in New Jersey?
Temporary Restraining Order (TRO)
A TRO is temporary and generally lasts until the final hearing, which is usually held within 10 days. However, it may be extended if needed.
Final Restraining Order (FRO)
A Final Restraining Order (FRO), once granted, is permanent. It remains in effect indefinitely unless a motion is filed by the defendant to lift the order, which is not easily granted.
Legal Support for Filing a Restraining Order in NJ
At Adamo Ferreira Esq LLC, we understand the complexities of domestic violence cases and the emotional challenges involved. Our experienced attorneys have been helping clients across New Jersey since 2006, specializing in restraining orders and providing expert legal guidance through this difficult process.
With offices in Hackensack, NJ, our team is here to offer you compassionate and strategic support, whether you’re filing a restraining order or facing one.
Restraining Order Attorneys in Hackensack, NJ
If you or someone you love needs help filing a restraining order in New Jersey, don’t hesitate to contact Adamo Ferreira Esq LLC today. We provide free initial consultations and are ready to assist you with your case.