Through the Prevention of Domestic Violence Act, Garden State law protects the victims of domestic violence and abuse. Part of this protection is the ability for victims of domestic violence to secure legal protection through temporary restraining orders and, ultimately, final restraining orders. If you are in need of an order of protection, please read on, then contact one of our experienced temporary restraining orders attorneys in Bergen County, NJ to learn how you can get a restraining order in New Jersey.
How does one obtain a restraining order in New Jersey?
You will have to start by obtaining a temporary restraining order. To obtain a temporary restraining order, you must file a complaint with the Family Part of the Chancery Division of the Superior Court; in other words, in the county courthouse where you reside, your abuser resides, or where the incidents of domestic violence took place. At the courthouse, you will provide personal information and the following information about your abuser:
- Address
- Place of employment
- Telephone number
- License plate number
- Whether or not he or she owns a firearm
- Any history of alcohol or drug abuse
Then you will fill out several forms, which the county clerk can provide you. Oftentimes, allegations alone will be sufficient for a temporary restraining order.
If the event is an emergency, you can call 911 and have the police reach out to the judge themselves.
How does one obtain a final restraining order in New Jersey?
After you have obtained a temporary restraining order, the court will set a final restraining order hearing date. Under the New Jersey legal definition of Domestic Violence, at that final restraining order hearing, the plaintiff must show that the defendant is guilty of one of the following:
- Homicide
- Assault
- Terroristic threats
- Kidnapping
- Criminal restraint
- False imprisonment
- Sexual assault
- Criminal sexual contact
- Lewdness
- Criminal mischief
- Burglary
- Criminal trespass
- Harassment
- Stalking
- Criminal coercion
- Robbery
- Contempt of a domestic violence order
- Cyber harassment
- Any crime involving risk of death or serious bodily injury
If your former partner is like many others, he or she will likely fight the protective order. Whether or not you believe that will be the case, you should reach out to one of our skilled domestic violence lawyers in Bergen County, NJ today. Together, we will help craft a legally sound strategy to secure you a restraining order. We would remiss if we did not inform you that a restraining order is only as powerful as you are willing to make it. It may be intimidating, but you should use it to the fullest extent of the law. Give us a call today, so we can hammer out the fine details.
Contact our experienced Bergen County firm
At Townsend, Tomaio & Newmark, our attorneys have extensive experience helping clients to understand and protect their legal rights before, during, and after the divorce process in towns across New Jersey and Bergen County, including Hackensack, Ridgewood, Paramus, Teaneck, and Fort Lee. To speak with our team of divorce lawyers today in a free and confidential consultation regarding your concerns about your divorce, please contact us online, or through our Hackensack, NJ office at (201) 397-1750.
