Domestic violence victims often stay in dangerous situations because they feel there is no way to protect themselves from their abuser. But, this is not the case. There are two types of domestic violence restraining orders in New Jersey that are designed to keep victims safe. Here’s what you should know about temporary vs. final domestic violence restraining orders:
Temporary Restraining Orders
Victims can request a temporary restraining ordereither through the court or their local police department. After the request has been made, a judge will decide whether or not to grant the temporary restraining order based on the victim’s testimony alone. If the judge believes the victim is in immediate danger, he will issue a temporary restraining order that lasts for 10 days.
A temporary retraining order will prohibit the defendant from making contact with the victim in any way. Law enforcement can also remove the defendant from your home as soon as the order been issued.
Final Restraining Orders
The court will schedule a hearing shortly after the temporary restraining order has been issued. During this hearing, both the victim and defendant will have an opportunity to tell their side of the story. Each side can call witnesses, introduce evidence, and testify in order to make their case. Then, the judge will decide whether or not it is necessary to issue a final restraining order.
There is no end date on a final restraining order that is issued in New Jersey, which means the protection can last forever. Both parties can ask the court to end or modify the order at any time in the future, however there’s no guarantee that the judge will grant this request.
Violating Domestic Violence Restraining Orders
The defendant must comply with the terms of the restraining order once it has been issued. Law enforcement is required to arrest anyone who is accused of violating a domestic violence restraining order. If the violation accusations are true, the defendant can face charges for criminal contempt of a court order. Defendants that violate the domestic violence restraining order for a second time will face a mandatory 30-day sentence behind bars as part of their punishment.
If you are a victim of domestic violence, seek legal representation from the compassionate attorneys at Williams Law Group, LLC right away. Our main priority is your safety, so we will work tirelessly to quickly obtain a retraining order on your behalf. Call our office at (908) 810-1083, email us at info@awilliamslawgroup.com, or contact us through our confidential online form to schedule a consultation.
