New Jersey law provides for immediate assistance through the court system for anyone who is suffering from domestic abuse, either physical or emotional.
Who Needs a Restraining Order?
Typically, victims of stalking, harassment, domestic violence and sexual assault should apply for a restraining order against their alleged assailants. This protects them from further abuse. In divorce cases, one party may file for a restraining order against the other party to protect their children and themselves, and to safeguard their property. If you feel your children, your home, your assets or your person is under the threat of violence or abuse by the other party in your divorce, a temporary restraining order can be executed.
Filing Paperwork For a Restraining Order
Anyone who feels they have been abused or harassed may file what is called a complaint to begin the process of securing a restraining order against another person. During business hours, this complaint can be filed at the Superior Court. Outside of business hours, this can be done through the police, and a judge is on-call at all hours to examine such complaints. Should a judge deem that the circumstances in the claim warrant the restraining order, he or she will grant a temporary restraining order against the accused party. This usually takes place without the accused person's knowledge, and he or she will only learn of the restraining order against him or her when the police serve it in person.
The temporary restraining order usually lasts until both parties can appear in court to prove their cases. It is at this time that a judge will determine whether an act of domestic violence occurred and whether a Final Restraining Order should be entered. If so, the court may offer a number of solutions, including restraining the abuser from access to the victim and any shared property, including a home or car; granting sole custody of children to one party; and ordering the abuser to pay emergency relief, continued rent or mortgage payments, or to attend anger management therapy and/or professional counseling.
Defending the Accused
If you have been accused of committing an act of domestic violence you should consult with an attorney immediately to protect yourself and learn your legal rights.
A New Jersey Divorce attorney is the right person to help you with issues of domestic violence, especially where they overlap in your divorce action. Having an attorney who is familiar with the facts of your case from the divorce action can be invaluable in representing you in your domestic violence action.
Whether you are a victim of domestic violence or need to defend against a restraining order, the Law Offices of Sylvia S. Costantino, Esq., LLC, offers experienced and caring legal advice in helping victims secure the safety of their families.