While often sensationalized on television or social media, restraining orders (also called protective orders) in New Jersey are specifically designated for survivors of intimate partner or domestic violence. Restraining orders are used to refer to an order that prevents contact with another individual and often requires the offender to maintain a certain distance from the survivor. Keep reading to learn more.

Who Qualifies for New Jersey Restraining Orders

According to the New Jersey State Police, domestic violence is a pattern of physical, emotional, verbal, or sexual abuse. This may include, but is not limited to, the use of threats, intimidation, isolation, or financial control.

An assault is classified as domestic violence based on the relationship between the individuals involved, which distinguishes it from a standard assault. Those protected under the Prevention of Domestic Violence Act include current or former partners, cohabitants, spouses, ex-spouses, or anyone with whom you share a child.

Legally, this means that someone engages in one or more of the following criminal acts against someone protected by the Prevention of Domestic Violence Act of 1991:

  • Homicide
  • Criminal sexual contact
  • Assault
  • Lewdness
  • Terroristic threats
  • Robbery
  • Stalking
  • Criminal mischief
  • Kidnapping
  • Burglary
  • Criminal restraint
  • Criminal trespassing
  • False imprisonment
  • Contempt of a domestic violence order
  • Criminal coercion
  • Harassment
  • Sexual assault
  • Cyber-harassment

Some situations may warrant a civil restraint order, which includes agreed-upon terms that limit communication, but in cases of domestic violence, a valid restraining order issued by the judge is often safest and most appropriate.

You Must Present Evidence of Grounds for a Restraining Order at Your Final Hearing

Once you have determined you may qualify for a restraining order, you can apply for a temporary order through the county in which you reside, the person you apply against lives, or where the violence occurred. You can apply in person through the Domestic Violence Unit at the courthouse in your county, or call the Family Division of the Superior Court. This will initiate the process for a temporary order, pending a final hearing date.

When you attend your final restraining order hearing, you should be prepared with evidence of the abuse. This preparation often includes your testimony with details of the incident(s), including the location, date, and a narrative of what happened. You may also provide photos of the injuries or property damage, medical records, or copies of threatening messages. Some individuals may choose to bring witnesses to the abuse as well.

If you are seeking financial support, such as child support, the court requests that you bring financial records, including tax documents, pay stubs, and records of child expenses.

You Have Resources to Establish Grounds for a Restraining Order

You have the right to have an attorney with you when you file for a restraining order, though the courts are not required to provide one. However, many individuals work with a domestic violence advocate who can help them through the process. They are not legal professionals, but they can help you identify firms to assist you through the process. While they are not legal professionals, they can connect you with law firms and provide valuable guidance.

Contact Arons & Solomon Divorce Lawyers for a Free Consultation With a New Jersey Family Law Attorney

If you believe you need protection from domestic violence, our team at Arons & Solomon Divorce Lawyers is here to stand by your side. We can explain your options, guide you through filing for a restraining order, and advocate for your safety in court.

Contact the experienced family attorneys at Arons & Solomon Divorce Lawyers today for legal assistance. Visit our law office in Bergen County or give us a call at (201) 487-1199 to schedule a free consultation with our team.

Bergen County Law Office
1 University Plaza Dr #400, Hackensack, NJ 07601, United States