TEMPORARY RESTRAINING ORDERS AND FINAL RESTRAINING ORDERS
New Jersey Family Court provides for the entry of Temporary and Final Restraining Orders between parties who are married, have been in a romantic relationship, or have been adult household members. Domestic violence lawyers in Hackensack, New Jersey can assist individuals who are in need of a Temporary or Final Restraining Order.
Under emergent circumstances, the Court can enter a Temporary Restraining Order. Legal representation is necessary to protect your legal rights, whether as the victim of domestic violence or the accused. Domestic violence does not discriminate, and frequently victims of domestic violence are embarrassed or afraid to seek help. Domestic violence includes nineteen various acts of criminal conduct, including assault, terrorist threats, sexual assault, harassment, cyber harassment, among others. Section 2C:25-19 – Definitions. :: 2016 New Jersey Revised Statutes :: US Codes and Statutes :: US Law :: Justia These criminal offenses provide the legal factors for determining if domestic violence has occurred, along with the specific facts, the history of domestic violence, and the need for continued protection.
If an act of Domestic Violence occurs, a victim can seek a Temporary Restraining Order on an ex parte basis by contacting the local police or the Superior Court of New Jersey and request to file a Domestic Violence Complaint. Based on the Domestic Violence Complaint, the Court conducts an emergent hearing based solely on your testimony to provide an emergent order of protection. Upon entering a Temporary Restraining Order, the police will serve the abusive party with the Temporary Restraining Order. That order will provide emergent relief that can include sole possession of a residence, custody of children, emergent support, or other necessary relief pending the next Court date for the entry of a Final Restraining Order.
On an expedited basis, the court schedules a Domestic Violence hearing where both the victim and accuser can testify and present witnesses and evidence on their behalf. Each party has the right to be represented by Counsel at the domestic violence hearing.
As a victim or accused of domestic violence under N.J.S.A 2C:25-17, there are permanent implications on the entry of Final Restraining Order. Further, the Final Restraining Order can have repercussions on a potential divorce action, including custody of children, possession of a home, and emergent support needs. Without a victim’s consent, the Court may vacate a Final Restraining Orders in only extremely limited circumstances.
At our family law firm, we understand the complexity of domestic violence cases and the emotional toll they can take on victims. We provide compassionate representation to help you navigate the legal system and ensure that your rights are protected. Our experienced team of domestic violence lawyers in Hackensack, New Jersey can also help you with other related legal matters, such as alimony and child custody.
If you are facing domestic violence or need help obtaining a restraining order or alimony, contact our law firm in Hackensack, New Jersey today. Our experienced attorneys are here to help you get the protection and support you need to move forward with your life.
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