Millions of Americans suffer from domestic violence. Many people think of domestic violence in terms of physical abuse, but domestic violence can also include emotional abuse, harassment, and financial abuse. If you are suffering in a violent relationship, you may be wondering whether you need a protective order.
In 1991, New Jersey Passed the Prevention of Domestic Violence Act of 1991. Under this law, there are fourteen different criminal offenses that may constitute domestic violence for the purposes of applying for a protective order, including offenses such as harassment, physical assault, terroristic threats, stalking, and sexual assault, just to name a few. To be eligible for protection under the PDVA, the victim must be a 1) a person with whom the victim has a child in common; 2) a person with whom the victim anticipates having a child in common, (i.e. one of the parties is pregnant); or 3) a person with whom the victim has had a dating relationship.
Most people think that a protective order is only meant for those situations where the victim has suffered physical violence at the hands of another member of the household, but this is not true. In many circumstances, victims of domestic violence may decide to seek a protective order if, for example, a former spouse or partner continues to harass the victim despite repeated requests to leave the victim alone. A parent may seek a protective order on behalf of minor children, even if the minor children are shared with the abuser, if the abuser has committed domestic violence against the children.
To obtain a temporary restraining order, the victim will file a civil complaint. The court will review the allegations and may issue a temporary restraining order. The order can accomplish a variety of things, such as preventing the abuser from reentering the home, keeping the abuser from the victim’s place of employment, and even setting temporary child support and child custody. After ten days, the court will need to hold a hearing to determine whether the temporary restraining order will become permanent. At the hearing, the victim will need to produce evidence that a restraining order is necessary.
If you are facing a restraining order matter, contact us today. We have extensive experience helping our clients with these matters.
Are you interested in seeking an annulment? If so, contact Williams Law Group, LLC right away. Our family law attorneys will review your case to determine if an annulment is an option. If it is, we will guide you through the process and ensure you make the best decisions for your future. 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.
Download our Free Resource Guide today!