In New Jersey, restraining orders are meant to protect victims of domestic violence from further harm. These protective orders will expressly bar the alleged perpetrator from any form of contact with the victim, whether direct or indirect. A person can apply for a restraining order through the New Jersey court system by speaking with a municipal court judge or going to the local Superior Court.
To determine if you have the basis to seek a restraining order, speak with an experienced attorney. At Williams Law Group, our legal team can further advise on restraining orders in Short Hills domestic violence cases and answer any questions you may have.
A restraining order is a court order that restricts one person from contacting or coming within a certain distance of another person. For example, a victim may seek a restraining order against their partner, restricting all communication or contact between them. That order could also list any children or other family members that have also been placed at risk because of that domestic violence.
If the Division of Child Protection and Permanency (DCPP) is investigating an allegation of family violence and one party has a restraining order, this could impact the investigation. The Division may use this fact to seek a child protection order as well.
A restraining order can be issued in several ways. If a person has physical signs of injury after an incident, the responding police officer is required by law to arrest the perpetrator and offer a restraining order. If there is no physical sign of injury and/or the police are not involved, a victim can apply for a restraining order by going to Superior Court or contacting their local police department.
In New Jersey, final restraining orders are a perpetual duration. That means unless the court enters a subsequent order vacating the restraining order, it never will expire. In order to have a restraining order vacated in New Jersey, the victim must consent, go into court, and express that he or she is no longer in fear of the perpetrator. If this does not occur, the alleged perpetrator may still petition the court to have the restraining order vacated, but this is a much harder battle. In either scenario, help from an experienced attorney who handles restraining orders in Short Hills could be valuable.
If you are being harassed by someone against whom you have a final restraining order, you should call the police immediately. They will arrest the person based on credible evidence that they have had some form of contact with you. Phone records are usually sufficient to prove this. A first arrest will result in some form of prosecution, and there is mandatory jail time after the first conviction.
If you do not want to have the person arrested, there are other things that you can do. You can return to Superior Court and ask for there to be additional restraints placed upon contact with the perpetrator. For instance, if there was an initial exception that your ex-spouse be allowed to communicate with you about your children, that provision could be taken away upon violation of the restraining order. An attorney could also help you ask to have the person barred from places where you were both previously allowed to visit, such as the child’s school or church.
If you are unsafe due to domestic violence or abuse, reach out to a dedicated attorney as soon as possible. The lawyers at Williams Law Group have experience with restraining orders in Short Hills domestic violence cases and could advise you on seeking the protection you need. Give us a call today for a confidential consultation.