Being in an abusive relationship is terrifying, but a domestic violence attorney can give you legal help by obtaining a restraining order for you. Once it is in place, the perpetrator cannot contact you, protecting you from the violence. First, learn more about getting a restraining order in New Jersey. Then, contact a lawyer to start the process.
People can file for protective orders due to physical assault, sexual assault, verbal abuse, and harassment. Also, threats of violence are reason enough to file a protective order. Those who need legal help for such an order can consult with a lawyer. Then, the attorney can file the paperwork on behalf of the client.
First, the domestic violence attorney must determine if the client can file for a protective order. New Jersey law lets various abuse victims obtain restraining orders. For example, people who are married, divorced, or separated can apply for a restraining order. Also, people can file for restraining orders against those who currently or previously lived in the household and people they previously dated. Finally, people who share or will share a child can file for protection.
A domestic violence attorney often pursues a temporary restraining order (TRO). First, the lawyer and abused party can request the order from the local police department or the county courthouse. Then, law enforcement will submit the request to a judge. If the judge issues a temporary order, the police will serve the abuser. Additionally, the court will set a hearing that must take place within 10 days of serving the defendant.
Often, the plaintiff and defendant share a residence when the restraining order is served. When that is the case, law enforcement will have the accused abuser leave home until the restraining order is no longer in effect. The court order will have other provisions as well. A domestic violence attorney can explain the provisions to the client.
Often, a domestic violence lawyer will pursue final restraining orders to protect clients. The attorney will attend the hearing with the client and present the case to the judge. The judge then must determine if the defendant and plaintiff have a qualifying relationship. Then, the judge has to decide if the defendant committed domestic violence and if further protection is needed to prevent other violent acts in the future.
If the judge decides that the case meets the criteria, a final order will be issued. This is a permanent restraining order, meaning it is unlikely to be lifted. It will not expire, but the accused could file an appeal. Additionally, the victim can file a motion to lift the order if the risk has passed. This is rare, though.
If you are currently a victim of domestic violence, your life may be at risk. Thus, it is important to act quickly by getting a restraining order. First, consult with an attorney to know your rights after getting the order. Then, your lawyer can help you prepare everything and file for protection.
Call us at (732) 449-0449 for more information from Anthony J. Cafaro, P.C. or to schedule a consultation in our office in Sea Girt. NOTE: This is for informational purposes only and does not constitute legal advice.
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