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Can You File a Restraining Order Against Your Spouse While You’re Still Married?

If you read a few of our recent articles, we discussed how instances of domestic violence could impact divorce proceedings as well as child visitation rights in the event of a divorce.

It’s an unfortunate reality that many victims of domestic violence do not get out of their toxic and abusive relationships for a variety of reasons. However, in some instances, victims of domestic violence may attempt to seek a restraining order against a current abusive spouse in order to escape their abuser during or in anticipation of a divorce.

We receive questions from individuals in similar situations as to whether it is possible to obtain a restraining order against a current spouse. In this guide, we discuss the different types of restraining orders in New Jersey and whether a victim may seek one while in a current and active marriage.

If you or loved one is a victim of domestic violence and needs help securing a restraining order for the safety of your family, contact the domestic violence attorneys at Rozin | Golinder Law at (732) 810-0034 for a free and confidential consultation.

Temporary vs. Final Restraining Orders

In New Jersey, there are two types of restraining orders granted to domestic violence abuse victims: temporary restraining orders (TROs) and final restraining orders (FROs).

A temporary restraining order is first granted by a New Jersey Court in order to accomplish several things, including:

  • Requiring the accused abuser to stay away from the victim, as well as their home, workplace, school, and other locations the two may have common;
  • Maintaining a certain distance from the person who is being protected;
  • Ordering the alleged abuser not to contact the protected person or the person’s family or friends (including by telephone call, e-mail, text message, or mail)
  • Establishing a temporary child visitation order, or for the alleged abuser to stay away from the children; and
  • Possibly ordering temporary financial support

After a domestic violence victim is granted a TRO, the two parties will be scheduled to appear  in Court again about 10 days later, at which point a New Jersey Judge will decide whether to grant an FRO, if the victim is seeking one.

Obtaining a Restraining Order Against Your Current Spouse

Not every state in the U.S. allows domestic violence victims to seek a restraining order against a current spouse or someone that they live with.

In New Jersey, a victim of domestic violence can absolutely obtain a restraining order against their current spouse. While we understand that victims of domestic violence may feel as though they have no options and may not be able to decide on moving forward with a divorce at the time, the most important thing they should do is focus on their safety and  the safety of their family.

Once granted, a final restraining order in New Jersey will be permanent unless the individual who obtained the order decides to dismiss it.

Contact Our Compassionate New Jersey Domestic Violence Attorneys

We understand that this may be a scary, confusing, and stressful time for you and your family. We also want you to remember that you are absolutely not alone. The attorneys at Rozin | Golinder Law are committed to protecting the safety of our clients and their families. We are there to help our clients move forward and heal.

For help seeking a restraining order or help with any other family matters, turn to the caring legal team at Rozin | Golinder Law. We will work tirelessly to protect the future of your family and fight to get you a positive outcome.

Contact the domestic violence attorneys at Rozin | Golinder Law at (732) 810-0034 for a free and confidential consultation.

For more information regarding domestic violence and family law issues, here are some of our most recent articles as well as information from our website:

How Do Charges of Domestic Violence Affect Child Visitation Rights?

How Will Domestic Violence Allegations Impact My Divorce?

https://www.rgfamilylaw.com/family-law/domestic-violence/

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