Everything You Need to Know About Restraining Order
If you’re a victim of violence in your home, then you might be able to obtain protection through an interim restraining order which could later be made permanent. A restraining order can be described as an order in civil form from the Family Part of the Superior Court. The order prohibits the person who is abusing you from communicating with you whether it’s on the phone in person, over the phone, or electronically. This includes no texts, calls, or emails messages.
What Exactly Is a Restraining Warrant?
Restraining orders are an order of the court that can only be granted as part of criminal legal proceedings. To get one, you’ll need to inform the police and then take them to court to be charged with their infractions.
Only when the judge is convinced that there is a reasonable possibility that the victim is likely to continue to be victimized by the perpetrator will a restraining order be granted. If you are a subject of a restraining order, you can contact a restraining order defense attorney in New Jersey to help you navigate the case.
The order blocks the person inflicting abuse from performing specific things, such as making contact with you or going to your workplace or at your home address.
It’s important to know that many people confuse restraining orders to restrain a child with non-molestation, also known as protection injunctions. It is impossible to apply for the restraining order when you want to have someone avoid you, as an example or if they’ve been found guilty of some crime against you. However, the other kinds of orders will stop harassment and aren’t any less legitimate; these need to be sought out in various ways to get a real restraining order.
Who Can Be Eligible for Domestic Violence Restraining Orders?
- You may be eligible for an order for a domestic violence restraining order If:
- You were or are wed to the person who abused you.
- You have children in the same household as your abusive person.
- You’re over the age of 18 and currently live with an abusive person.
- Whatever your age, you’re in an affair with an abuser before the age that is 18.
To be eligible to receive a temporary restraining or restraining order, the person who is being sued must have engaged in an act that falls within the definition of at least one of the listed crimes: harassment, violence, terroristic threats, kidnapping, criminal mischief, sexual assault, burglary, sexual assault, criminal sexual contact false imprisonment, restraint of a criminal or lewdness, criminal trespass stalking, homicide theft, coercion in criminal cases cyber-harassment, the violation of a restraining warrant or any other crime that poses the risk of death or bodily injury. The person you seek an order to restrain must be at least 18 years old.
It is recommended to seek a restraining order as quickly as you can after an incident of domestic violence has taken place. If you put it off, it may be necessary to justify to the court why you were waiting. Sometimes, victims wait because they do not know about restraining orders or simply because they can’t access a phone or a court. If you are still living with your abuser following the abuse, a judge could decide that you’re not at risk and therefore do not require a final restraining order.
You may apply for an interim restraining order through the police department, 24 hours a day in the city in which you reside, in the area where the domestic violence occurred, in the area where the defendant is located or is currently being in a shelter. You can also go to your local Superior Court (during business hours) in the county in which you reside, where the incident of domestic violence took place, or where the defendant is located or is currently in a shelter.
