New Jersey Restraining Order
Restraining Order Lawyer Serving New Jersey
Restraining orders are meant to protect victims of domestic violence or those who fear that they or their children may become victims. High emotions and tense situations during a divorce or separation of a family can lead one party to truly fear for his/her safety; these same emotions can also lead to false accusations.
Accusations of domestic violence—whether or not they are substantiated—can have a disastrous effect on families. For an individual accused of abuse or issued a restraining order, the consequences can be severe.
Whether you are seeking a restraining order or have had one issued against you, you have the right to legal representation. Our New Jersey restraining order attorneys can help you take swift action to protect yourself, your family, and your future.
Types of Restraining Orders in NJ
After an alleged incidence of domestic violence, or when a person is fearful for his or her safety, the victim can request a temporary restraining order. After a longer court process, a court can also authorize issuance of a final restraining order.
Both temporary restraining orders and final restraining orders are meant to protect victims from further violence, though final restraining orders affect defendants for a longer period of time. An order may prohibit all contact between a victim and an alleged abuser, or may simply prevent them from coming near the victim’s home, school, or workplace.
These orders aren’t meant to punish the alleged perpetrator but, in practice, a restraining order can have a long-term effect on a person’s life. Employers may see the order on the person’s record, which can harm their future opportunities.
To issue a final restraining order, a court must find three things:
- That an act of domestic violence occurred, which can encompass one of several crimes, including but not limited to:
- Criminal trespass
- That the individual has a history of domestic violence (more than just one incident)
- That the victim has a reasonable fear for his or her safety
What to Do If You Have Been Issued a Restraining Order
If you’ve been issued a restraining order, DO NOT attempt to contact the alleged victim. Even if you believe you are innocent, it can look bad for your case. If an individual violates the terms of a restraining order, it can result in arrest and a charge of criminal contempt on top of any charges for crimes committed during the violation.
But accusations do not equal evidence. Even if you’ve been issued a temporary restraining order, you can prevent a final restraining order from going on your record by presenting a strong case.