Rule 5:7A.-NJ Domestic Violence: Restraining Orders-How to Obtain A Restraining Order in New Jersey
Have you been continually harassed? Stalked? Abused? Seeking a final restraining order to stop someone from continuing the abuse? We can help you. Our experienced Jersey City restraining order attorneys can help you represent/prosecute your case in Jersey City/Hudson County New Jersey immediately.
Sometimes when a relationship ends or is ending, it does not end well. Even long term marriages or romantic relationships that have ended, sometimes the other side does not take it too well and they go to far and a NJ temporary restraining order (TRO) is needed to stop the harassment, get someone out of the home, etc in Jersey City, Bayonne, West New York, Union City, Weehawken, North Bergen, Hoboken, Hackensack, Elizabeth, Newark and beyond. Domestic Violence Restraining Orders in New Jersey are available to help people in difficult situations and the relief may need to be temporary or it may need to be permanent.
While restraining order lawyers in NJ like myself see this everyday, when you are not used to this, you may not know what to do. This page will help you understand the basics of obtaining a domestic violence restraining order in Jersey City, New Jersey (NJ) and/or what to do if you have been served or arrested because of a domestic violence incident in New Jersey. My name is Santo Artusa, Jr., Esq. and I am a New Jersey domestic violence-restraining order attorney that practices in Jersey City, Hackensack, Newark, Elizabeth, Hudson, Bergen, Essex and Union Counties weekly. I also practice outside of this area in other parts of New Jersey with regard to divorce and restraining orders.
“IT IS IMPORTANT TO KNOW THAT HELP IS AVAILABLE FOR DOMESTIC VIOLENCE VICTIMS/SPOUSES WHO HAVE ENDURED ABUSE BY WAY OF RESTRAINING ORDERS AND/OR THE CRIMINAL COURTS OF NEW JERSEY.”
You may also be wondering the following:
HOW DO I GET MY HUSBAND, WIFE, BOYFRIEND, GIRLFRIEND OUT OF THE HOUSE?
MY HUSBAND HIT ME, WHAT CAN I DO?
HOW DO I GET A TEMPORARY RESTRAINING ORDER IN NJ?
IS HARASSMENT DOMESTIC VIOLENCE?
WHERE CAN I OBTAIN A RESTRAINING ORDER IN NEW JERSEY?
IF MY SPOUSE LEAVES THE HOUSE, HOW WILL THE BILLS GET PAID?
IS IT BETTER IF I JUST FILE FOR DIVORCE?
There are two ways to obtain a domestic violence temporary restraining order in New Jersey if who are a victim of domestic violence. During business hours 8:30-4:30pm, you can file for a temporary restraining order at the local county family court domestic violence division. For instance, in Hudson County, that is 595 Newark Avenue, 2nd Floor, Jersey City, New Jersey. In Essex, that is 212 Washington Street, Newark, NJ. There you will fill out forms explaining what is going on, what occurred in the past (if anything- whether reported or unreported), whether a police report has been filed or criminal complaint has been filed (you do not have to file a police report to obtain a NJ-Temporary Restraining Order at the courthouse). Once the Temporary Restraining Order is granted by the Judge (ex-parte, meaning the abuser/defendant will not be there ), the defendant will be served with the restraining order and he or she could be forbidden from coming back to the marital home or joint residence and will not be able to contact you in anyway. The NJ-Temporary Restraining Order will also have a preliminary court date for the final hearing for a final restraining order where it will be decided if a final restraining order will be issued or not. You can also drop the temporary restraining order before the final hearing date if you do not want a final restraining order and then the temporary restraining order will also be dismissed. At the final hearing, if the victim prevails, the Judge can order: child custody, child support, alimony, the payment of bills, attorneys fees, parenting time, and of course no contact.
SOME OF THE CRIMES COVERED UNDER THE NEW JERSEY DOMESTIC VIOLENCE ACT
OTHER OPTIONS ONCE A TEMPORARY RESTRAINING ORDER IS FILED IN NJ
If you have filed a Temporary Restraining Order in New Jersey and either do not want to have a full trial or maybe want to settle certain terms (child custody, alimony, child support, limit communication) you can do so with civil restraints that are not as powerful as a restraining order but if someone does violate a civil restraint, a plaintiff can file a motion in civil court to enforce it whereas with a temporary restraining order or final restraining order -all the person needs to do is call the police that defendant has violated the restraining order and the defendant can be arrested for the violation.
Every case is different, your case may really be about the end of a marriage and you want a divorce. When you contact our team, we will discuss the total circumstances involved in the case and try to find a way to resolve the issues at hand. Restraining order and domestic violence cases in New Jersey could have a major impact on your immigration status (if applicable). Your case may solely be about domestic abuse and that it needs to end and there is no other way but getting a final restraining order. Either way, if you have a restraining order case and seek legal representation for the final restraining order hearing and/or a divorce or custody dispute, the Artusa Law Firm of New Jersey can help you today. For more information about the legal services we offer including: divorce representation, family court cases, criminal law, child custody and so forth, visit our home page: Artusa Law Firm.
We are experienced Jersey City domestic violence restraining order attorneys that represent clients throughout New Jersey. Contact us on 201-706-7910 for a confidential appointment.