An order of protection or restraining order is a court order against someone requiring them to abstain or desist from doing certain things. A restraining order can be issued for a few days to a few years and even the rest of someone’s life.
Usually, a restraining order will involve criminal penalties if the restrained individual violates the order somehow. At Sangiovanni Marchetti Law, we can help individuals obtain a retraining order (or order of protection) in domestic violence or abuse cases.
What Is Included in a Court Injunction in New Jersey?
A restraining order specifies certain requirements that can vary based on the situation. Some of the court injunctions it can include are:
- Stay away
- Exclusive use
- No contact
- Restitution
- Support
- Cease abuse
There could be other provisions included, too, including requiring the restrained individual to surrender all firearms and enter therapy.
We Can Help You Confront Challenging Family Situations
Cases of domestic violence pose emotional and physical harm. In some situations, the situations can be life-threatening. Many people fail to report these situations because they are scared to say anything, not sure what can be done to receive meaningful protection.
The law in New Jersey takes reports of domestic violence seriously. It is possible to provide victims with protection via a court-issued domestic violence injunction, which the authorities can enforce.
An injunction can impact the victim’s and offender’s lives in the short- and long-term. This is because they can be issued quickly and extended as needed. If you are impacted by domestic violence, you need to understand what legal options you have. At Sangiovanni Marchetti Law, we can assist you with these matters during or after your divorce. We offer representation and guidance for anyone who finds themselves in this difficult situation.
Protections Offered Against Domestic Violence in Neptune
You have the legal option to pursue protection from abuse in New Jersey via the criminal justice system. This is possible by charging your abuser with a specific crime. If someone is found guilty of this crime, they may face fines and jail time.
If you are a victim of domestic violence, it is also possible to pursue legal action via the civil legal system. In this case, you can seek remedies such as a restraining order, which forbids the individual from coming into their home or having any further contact with them.
If the victim and offender in the situation have children, the court can intervene and issue orders related to spousal support, child support, child custody, and other matters. According to New Jersey law, the order can also be used to protect you from cases of cyber harassment, which is a growing problem in the modern digital era.
In New Jersey, you can use the Prevention of Domestic Violence Act to secure an injunction if you were married to your abuser, if you have a child or are expecting one with the abuser, or if you are pregnant. It is also possible to do this if you have a dating relationship with your abuser or currently live or used to live with your abuser. The Act applies to any abuser over the age of 18 or an emancipated minor. If an abuser is under 18, the situation can be addressed by filing a report with the local police.
In domestic abuse cases, securing a TRO (temporary restraining order) is possible based on allegations or if one or more acts of domestic violence occur against you (the individual seeking the TRO). Some of the protections that these injunctions offer include the following:
- Seizing the abuser’s weapons.
- Forbidding the abuser of any contact with the person who sought the TRO, their family, or others who are at risk of abuse.
- Forbidding the abuser since entering a home or another location where the abuse is said to have occurred.
- Issue a temporary financial support order for the abused person and their children.
- Provide the abused individual with the temporary possession of a bused person’s checkbooks, passports, keys, cars, and any other materials.
When a TRO is issued, the protections can be extended to a FRO – final restraining order. The FRO hearing will usually be set within ten days of the TRO being issued. The hearing gives the alleged abuser a chance to tell their side of the story. Both sides can give testimony and have witnesses at the hearing.
One of the main matters decided at the hearing is whether the FRO will be issued.
Contact Our Family Law Attorney for Assistance with Your Neptune, New Jersey Domestic Abuse Questions
If you have been a victim of domestic abuse, there are legal protections you can access. Contact our legal team at Sangiovanni Marchetti Law if you have questions or need assistance.
We understand the law in New Jersey and can help you get the protections you need. Domestic violence can be a scary and overwhelming situation. Contact our law firm today to learn more about your rights and options.
