The Truth about Restraining Orders

Monday, May 5th, 2014

As a criminal law attorney, many of the questions I receive are about restraining orders. In fact, one of the most important questions I get asked is, “When can I file for a restraining order?” In order for resident of New Jersey for a restraining order, he or she must have been a victim who was subjected to domestic violence.

What does the term, “victim,” mean?

A victim is anyone who is over the age of 18 who has been subjected to an act of violence caused by a spouse, present household member, or former household member. The term victim also includes anyone, or any age, who has been abused physically by a spouse who he/she is having a child with, or a person who he/she is in a dating relationship with.

Individuals are able to obtain a restraining order against a juvenile if they have a child with the juvenile, and have been subjected to domestic abuse. The steps involved with filing for a restraining order include:

  • ·         Fill out a domestic violence complaint, which is a civil complaint

 

  • ·         Appear before judge who upon reviewing the complaint, will ask questions

 

  • ·         A temporary restraining order will be filed if the judge is satisfied with your answers

 

  • ·         A final restraining order hearing will also be set by the judge

There is a difference between a temporary restraining order and a final restraining order is that the temporary restraining order is issued to the individual based on their input given during the initial hearing. This protects the victim from the defendant until the final restraining order is given.

For more information on criminal law, please contact Charles Block, Attorney at Law, by calling 856-741-1495.