Domestic Violence & Restraining Orders

Call for Consultation: 201-342-8100

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.

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.

Let’s Get In Touch

Lomberg & Del Vescovo remains open to address the needs and interest of our clients. Call Us Today: 201-342-8100
We remain available to provide legal services despite the impact of COVID-19 on you and your family.

Please fill out the form below and we will get back to you as soon as possible