If you are suffering abuse or harassment at home, you may need a restraining order for your protection. After calling the police or going to the local Jersey Shore police station to make sure you are safe from immediate harm, you may be wondering how to get a restraining order in New Jersey.
At Weisberg & Klauber, LLC, we have decades of experience, helping clients take the steps necessary to get a restraining order. Our attorneys understand how stressful and overwhelming these situations can be, so we provide compassionate and effective representation.
Types of Restraining Orders in New Jersey
Domestic violence is a serious situation, and this crime impacts both men and women. In 2023, there were 70,828 incidents of domestic violence reported in New Jersey. It happens in every social and economic background and affects all demographics. One of the ways you can protect yourself from an abuser is to get a restraining order. In New Jersey, there are:
- Temporary restraining orders. A temporary restraining order is ex parte, which means that only one of the parties is present for the request. These are easier to get than a permanent restraining order. This stays in effect until the time a judge gives a decision on a permanent order.
- Final restraining orders. A final restraining order is a permanent order that does not expire. It’s issued after a hearing and only ends if dismissed by the court.
Who Qualifies for a Restraining Order?
The Prevention of Domestic Violence Act allows victims of domestic violence to obtain a temporary restraining order against a defendant just by requesting one. Under this act, there must be a relationship between the victim and the alleged abuser that meets certain requirements:
- They must be currently or previously married to the abuser.
- They share children with the abuser.
- They are pregnant with the abuser’s child.
- They live with or previously lived with the abuser.
- They were in a relationship with the abuser when they were both over 18.
The person who is making the complaint must have been the victim of at least one incident of domestic violence, such as:
- Aggravated assault
- Simple assault
- Terrorist threat
- Kidnapping
- Sexual assault
- Criminal restraint
- Burglary
- Robbery
- Contempt of a domestic violence order
- Stalking
Restraining Order Process in New Jersey
If you are a victim of abuse and need a restraining order for your protection, it’s important to act quickly. The first step in the process is to get a temporary restraining order. You can get this at the Ocean Township or New Brunswick Police Departments. If necessary, you can also request that your children be protected with a restraining order, too.
Once you have the temporary restraining order, the court should provide a copy to the person it’s against. This lets them know there is an active restraining order against them. If they ignore it, you can call the police and show them that you have the restraining order.
The temporary restraining order lasts until you have a hearing. This is when you present your evidence of abuse or harassment. A judge then decides if a permanent restraining order should be issued.
Why Hire a Domestic Violence Lawyer?
If you need a restraining order, it’s helpful to hire a domestic violence lawyer to guide you through the process. They are familiar with New Jersey restraining order laws, so they can identify and gather the evidence needed for the hearing.
Your attorney can look at the facts of your restraining order case and create a strategy to get a permanent restraining order if needed. Proof of abuse can be in the form of:
- Physical evidence, such as ripped clothing as a result of an abusive incident
- Pictures of injuries or damaged items in the home
- Video taken during an abusive incident
- Abusive communications, such as voice mails, emails, or texts
- Medical records detailing injuries sustained during domestic violence incidents
- Police testimony from callouts
- Witness testimony from family or friends
FAQs
What Is the Minimum Requirement for a Restraining Order in New Jersey?
To file a permanent restraining order in New Jersey, you need to show that you have a domestic relationship and that the defendant committed an act of violence. This could be assault, harassment, kidnapping, stalking, or sexual assault. You must also show that there is an immediate need for the restraining order.
What Evidence Do You Need to Prove Harassment in New Jersey?
To prove harassment in New Jersey, you need to show evidence demonstrating that you are a victim of harassment. It can be social media posts, text messages, emails, or voice mail. Witness statements from friends and family members can also be used as proof. Make sure to save any correspondence that your abuser sends to you.
What Is Worse, a No-Contact Order or a Restraining Order?
Legally, a no-contact order is worse for the person receiving it because it is a criminal court order. It has immediate and strict penalties if it is violated, including arrests and jail time. A no-contact order is issued by a judge during a criminal case, and it is often done without a request from the victim.
How Long Does It Take to Get a Final Restraining Order in New Jersey?
It typically takes over a week to get a final restraining order in New Jersey once a temporary restraining order is issued. A hearing is scheduled after the TRO, where you and your abuser have a chance to tell your side of the story. To get a final restraining order, the victim must prove by a preponderance of the evidence that there is a need for the order.
Contact a Domestic Violence Lawyer
If you are thinking about getting a restraining order but are not sure how the process works, contact Weisberg & Klauber, LLC. Our attorneys have years of experience with domestic violence laws. We can answer your questions and assist you through the process.
