Rozin | Golinder Law provides diligent representation to clients facing a variety of divorce and family law matters. Restraining orders are common in cases involving domestic violence, and help provide a level of protection to victims.
At our firm, we have guided numerous clients through the New Jersey legal system regarding restraining orders. If you need help filing a temporary or final restraining order, we can discuss your situation and provide informative legal services from start to finish.
Contact us today to schedule a free, confidential consultation with our New Jersey restraining orders lawyers.
Under the New Jersey Code of Criminal Justice, Prevention of Domestic Violence Act of 1982, there are two main types of restraining orders allowed for domestic violence victims. Temporary restraining orders (TROs) are granted to victims of domestic violence to provide legal protection against abusers.
The order may be filed with the Domestic Violence Unit of the Family Division at the county courthouse, or with the local police department.
In order to be filed locally, the TRO must be filed at the police department close to:
Once filed, the police will contact a municipal court judge, who will consider the request and issue a TRO over the phone or in person. If, on the other hand, the complaint is filed with the Family Division, the court staff will interview the victim to decide whether or not to grant the restraining order.
After the determination of the plaintiff’s eligibility, the court judge or domestic violence hearing officer will review the case and order the TRO. Our New Jersey restraining order attorneys can help you navigate the New Jersey legal system and uphold your rights throughout the process.
After the TRO is issued, the police will serve it on the defendant, who will also be notified of the date of the hearing. This is usually set for 10 days after the TRO is issued. The police will also confiscate all firearms in the defendant’s possession, and will require the defendant to avoid contacting or interacting with the plaintiff.
If the defendant shares the same residence as the plaintiff, the defendant will need to move out and live somewhere else until the hearing, without exception. The TRO will stay in place until a judge orders its removal, extends it, or replaces it with a final restraining order.
Final restraining orders (FROs) are permanent replacements of TROs. They are usually issued at the final hearing, which is 10 days after the TRO is issued. A violation of an FRO is a criminal offense under New Jersey law, and is punishable by a mandatory arrest for a first offense. A second violation of an FRO requires a minimum of 30 days in jail.
Final restraining orders provide a number of protections to victims of domestic violence, including:
FROs also prohibit the defendant from owning firearms and from contacting the plaintiff in any way, including by phone calls, emails, or in-person communication. Once the FRO is issued, the police will fingerprint and photograph the defendant.
Furthermore, the defendant will have to pay a fine of $50 to $500, depending on the situation. The FRO will stay in effect until a court dissolves it, or until the plaintiff asks for its removal. However, if the plaintiff asks to remove the FRO, the judge will conduct a thorough interview to determine whether or not the plaintiff will be safe without the FRO in effect.
Under the New Jersey Prevention of Domestic Violence Act, people who are 18 years or older can file for a restraining order. Furthermore, emancipated minors, and those who have suffered acts of abuse, may file for restraining orders against aggressors. Emancipated minors are those under the age of 18 who have either been married, have entered the military, are pregnant, have children, or are declared emancipated by a court or administrative agency.
By law, you may file a restraining order against:
If the person who is committing the acts of violence is under the age of 18, the court will not consider the case a domestic violence situation. Instead, it will consider it a juvenile delinquency case. At Rozin | Golinder Law, we have represented many clients against abusers. We can stand by your side and represent you and your safety as you file for a restraining order.
If you need to file a temporary or final restraining order against an abuser, our compassionate New Jersey attorneys are here to help. We can guide you through the legal process, help you file the necessary paperwork, and represent you in court hearings. We know this is an extremely stressful and emotional time. That is why our firm strives to guide you and provide personal service every step of the way. We serve Middlesex, Monmouth, Somerset, and Union Counties from offices located in East Brunswick and Shrewsbury.
Call our office today at (732) 377-3367 for tenacious representation as you seek a restraining order in New Jersey.
Proudly named to Super Lawyers, celebrating our attorneys’ commitment to excellence and trusted representation.
Proudly named to Ones Watch by Best Lawyers, recognizing emerging attorneys for excellence and promise in the practice of law.
Rozin | Golinder Law has been named among Best Law Firms by Best Lawyers, recognizing our firm’s excellence and trusted advocacy in family law.
Named among Best Lawyers in America, our attorneys are recognized for exceptional skill and dedication to their clients’ success.
Rozin | Golinder Law attorneys have been recognized as Super Lawyers Rising Stars, honoring exceptional skill, dedication, and results in legal matters.
Rozin | Golinder Law includes New Jersey Supreme Court Certified Attorneys, a distinction recognizing proven experience, skill, and professionalism in family law.
Rozin | Golinder Law is an active member of the Middlesex County Bar Association, supporting professionalism, education, and collaboration within New Jersey’s legal community.
Rozin | Golinder Law proudly supports the Legal Aid Society of Monmouth County, providing free legal assistance to low-income and disabled residents in need of justice.
