If you or someone you know is suffering from domestic violence, please consider contacting the National Domestic Violence Hotline by calling 1-800-787-3224 or texting "START" to 88788. Alternatively, this list of domestic violence resources in NJ may be helpful. Stay safe.
In situations where domestic or family violence occurs, a restraining or protective order can help someone stay safe. However, obtaining a restraining order can be a confusing process - today, we're covering different types of restraining orders survivors/victims of abuse can obtain in New Jersey, and the steps for doing so.
To obtain help with your case from an experienced New Jersey attorney, contact us online or via phone at (908) 274-3028.
Emergency Restraining Orders
Emergency restraining orders are typically issued at the scene of a domestic violence disturbance. A police officer can call a judge if they believe a domestic violence survivor/victim is at risk of suffering further harm from the alleged abuser. The judge then has the authority to issue an emergency restraining order, which acts as a sort of stop-gap measure until the survivor/victim can obtain a temporary order.
Temporary (Ex Parte) Restraining Order
Temporary restraining orders, also sometimes known as ex parte restraining orders, can be obtained by a survivor/victim of abuse without the alleged abuser being present.
A survivor/victim can request a temporary restraining order at court. If a judge agrees that they are at risk from their alleged abuser and that obtaining a temporary restraining order is in their best interests, they will issue one for the survivor/victim.
Temporary restraining orders can provide a number of protections, such as requesting that the alleged abuser stay a certain distance away from the survivor/victim. They typically last around ten days, and are often set to expire when an official hearing for the domestic violence dispute is held. However, if the hearing is postponed for some reason, it may last longer.
Final Restraining Order
At the hearing for the case, both parties have the opportunity to present evidence to the court. If the court decides that a final restraining order is necessary to protect the survivor/victim, it will issue one. Unlike in many other states, final restraining orders in New Jersey have no defined end date.
Final restraining orders can provide protections such as requiring the convicted abuser to remain a certain distance from the survivor/victim and other individuals involved, relinquish control of firearms they own, discontinue contact through other means such as calls, social media, or texting, and relinquish custody of children they share with the survivor/victim.
At DeTommaso Family Law Group, we'll help you navigate your domestic violence dispute. Contact us online or via phone at (908) 274-3028 to schedule a consultation with our team.