Do I still have to live with the domestic violence abuser in order to file for a Temporary Restraining Order?
A common concern when a domestic violence victim finally gathers up the courage to file for a Temporary Restraining Order is whether or not the victim still has grounds to file if they are no longer living with their abuser.
In August 2015, the New Jersey State Legislature amended the Domestic Violence Statute, N.J.S.A.§ 2C:25-19(d) to provide:
“Victim of domestic violence” means a person protected under this act and shall include any person who is 18 years of age or older or who is an emancipated minor and who has been subjected to domestic violence by a spouse, former spouse, or any other person who is a present household member or was at any time a household member. “Victim of domestic violence” also includes any person, regardless of age, who has been subjected to domestic violence by a person with whom the victim has a child in common, or with whom the victim anticipates having a child in common, if one of the parties is pregnant. “Victim of domestic violence” also includes any person who has been subjected to domestic violence by a person with whom the victim has had a dating relationship. (emphasis added).”
By amending the above language, the Legislature expanded upon the definition of a domestic violence victim to include individuals who had not continued to live with their abuser after the abuse had occurred.
As you can see, filing for a Temporary Restraining Order is often fraught with many questions and concerns, but is also a common area of family law litigation in the State of New Jersey. For more information regarding the filing for a Temporary Restraining Order, contact Lyons & Associates. Our Woodbridge domestic violence lawyers represent men and women throughout New Jersey who have unresolved family law matters. We place a premium on personalized service and attention. For a private consultation, contact us online or call our offices at 908-575-9777.
Written by: Marissa DelMauro, Esq.