Learning how to protect oneself under the law’s jurisdiction is important, especially if the person is facing life-threatening situations. This does not apply just to car accidents or medical emergencies; it also includes receiving protection from threats in one’s home.
Domestic violence can lead to a wide range of harmful behavior, ranging from innocuous behavior of stalking to more straightforward forms of harassment and assault. The New Jersey Prevention of Domestic Violence Act was enacted to determine what counts as domestic violence. The Act also defines 19 actions that can be considered an act of domestic violence, allowing victims to uphold their rights through restraining orders.
What can a Restraining Order Do?
A restraining order aims to protect a victim from further harm by receiving protection from the law. It assigns a victim as a plaintiff, while a person accused of domestic violence is designated as a defendant in court.
Restraining orders can be requested for people who happen to live together currently or in the past. It also applies to family units, where children, parents, and even grandparents can seek protection from domestic violence.
A restraining order’s level of influence can vary, but its general impact is to stop the defendant from being around the plaintiff’s place of employment or residence while also prohibiting contact between the two. Additionally, it has a clause preventing the defendant from using a third party to harass the plaintiff.
What are the Different Types of Restraining Orders in New Jersey?
In New Jersey, there are two types of restraining orders a domestic abuse victim can request: a temporary restraining order (TRO) or final restraining order (FRO).
A TRO provides immediate protection but does not last for a long duration. This is because its goal is to provide protection for the victim until a comprehensive hearing. It is important to note that the person seeking a restraining order does not have to inform the person who is the object of the order. Instead, they will be notified of the request by authorities.
Unlike a TRO, an FRO requires both parties to be present to attend the hearing. During the hearing, both sides will have the chance to prove their case through testimonies, evidence, and key witnesses. The result of the hearing can lead to granting an FRO, which will last for a lifetime and is practically irreversible. Although the plaintiff and defendant can move to modify the set terms, they must have valid grounds to do so.
How Do I File a Domestic Violence Restraining Order in New Jersey?
A person requesting a restraining order needs to go to their local courthouse or call 911 for this request. Next, they will need to answer specific questions regarding their current domestic situation. It is important to be as specific as possible concerning the incidents, especially if there are physical violence and injuries involved.
Since some domestic abuse cases are similar, the person filing the form needs to determine the exact details of the situation to categorize it properly in court. It is important to indicate any history of similar behavior if an FRO hearing is requested.
Although a person may know what they need for their own protection, the legal system will be tough to navigate alone. Thankfully, trusty legal experts are available to guide the person through the necessary procedures.
Domestic violence cases are serious matters that require delicate legal solutions. The Morristown family law lawyers at Lyons & Associates, P.C. will do whatever it takes to defend your rights. Call us at 908-575-9777 or contact us online to schedule a free consultation. Located in Somerville and Morristown, New Jersey, we proudly serve clients in Somerset, Woodbridge, Morristown, Parsippany, Rockaway, Short Hills, Chatham, Randolph, Madison, and Morris Plains.