FREQUENTLY ASKED QUESTIONS ABOUT RESTRAINING ORDERS IN NEW JERSEY

What is considered domestic violence?

New Jersey defines domestic violence as the commission one of a particular set of criminal offenses committed by an adult or emancipated minor against a person who falls within the state’s definition of a domestic violence victim. For more information see our article on Domestic Violence in NJ (<- link here https://www.pvalaw.com/domestic-violence.html)

What is a restraining order?

A restraining order prohibits contact between the person who seeks the restraining order and the person who the restraining order is entered against.

What effect does a restraining order have?

A restraining order is most commonly used to prohibit the person it is entered against away from the person who sought the restraining order. It may also contain other prohibitions, based on the violence alleged by the victim. Those can include prohibiting any contact including phone calls and texts, the surrender of the defendant’s firearms, ordering counseling, and others as appropriate.

Who qualifies for a restraining order?

The victim of domestic violence can obtain a restraining order. A victim of domestic violence is a person who was subject to violence by: 1) a spouse or former spouse; 2) a current or former household member (if age 18 or older, or an emancipated minor); 3) someone with whom you have a child with or are expecting a child with; 4) a person you are dating or have dated.

How long does a restraining order last?

A temporary restraining order (TRO) lasts about 10 days before a hearing will be held in the New Jersey Superior Court Family Division to determine whether to make the TRO permanent.

How do I get a restraining order?

After hours, on weekends, and in emergency cases a restraining order can be obtained through the local police. A person may file for a restraining order at the Family Division of the New Jersey Superior Court. An experienced family law attorney can provide guidance in filing for a restraining order.

In which New Jersey County can I file for a restraining order?

You may file for a restraining order in the county in which you live, the county in which the defendant lives, or the county in which the violence occurred.

What’s the difference between a temporary restraining order (TRO) and a final restraining order (FRO)?

A temporary restraining order (TRO) is in place for a limited amount of time, usually around 10 days or until a hearing can be held. A final restraining order (FRO) is permanent.

How do I get a final restraining order?

10 days after the TRO is entered the parties will have a hearing in the New Jersey Superior Court Family Division. There, a judge will hear evidence to determine whether a final restraining order will be granted.  Either party may be represented by counsel at the hearing.

How can I remove a final restraining order?

The victim can go to the court to have a final restraining order removed. The defendant cannot have the restraining order removed once it is final.

What happens if a restraining order is violated?

Call the police immediately if you are in danger. A violation of a restraining order is a criminal offense and the accused can be arrested for the violation.

Domestic violence cases are very serious for both the plaintiff and the defendant. If you are faced with a domestic violence situation, please call Peter Van Aulen, an experienced family law attorney at (201) 845-7400 for a free 30 minute in office consultation.

 

 

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Peter Van Aulen is certified by the New Jersey Supreme Court as a Matrimonial Attorney.

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