Victims of domestic violence have the option to file a restraining order in New Jersey. It protects them from violence, serious harassment, or stalking. If you are interested, use this article as your guide to know the necessary steps to take.
How Can I Get a Restraining Order in New Jersey?
Not everyone who attempts to get a restraining order will be granted such an order, especially when the court did not find you as a person who has grounds for one. To get it, you need to reach out to a Superior Court Judge and establish that you are a protected person under the Prevention of Domestic Violence Act. You also have to prove the following:
- An act of domestic violence took place,
- A history of domestic violence exists between you and the defendant
- You are in fear for your physical safety
Am I Eligible for a Restraining Order?
To be granted a restraining order, you should meet the following requirements:
- You are 18 years or older or a minor who has been subjected to domestic violence by another person against whom the order is sought
- Your spouse, former spouse, current or former household member, or someone that you has had a dating relationship with, has a child, or is expecting a child is the person accused of domestic violence
What Are the Eligible Relationships to Seek a Restraining Order?
Spouses and ex-spouses
You can file for a restraining order if you and your partner are going through trouble during your divorce process. For instance, you may continuously be arguing while still living together. It may lead to physical violence wherein your spouse or ex-spouse burns your clothes and assaults you. When this happens, consider seeking help from divorce attorneys.
You are eligible to seek a restraining order if you and your partner have been dating exclusively for one year. You have an argument and break up; then you find that someone has slashed your tires and found out that your ex did it through a surveillance camera. You can file an order if this type of behavior continues.
You can file a restraining order if you and your sister have an unhealthy relationship and have not lived together in years. Your sibling repeatedly harasses you through phone calls, emails, voicemail messages, and texts. Since you are a former household member, you may seek an order as a harassment victim.
Do I Need a Lawyer?
You don’t need an attorney to get a restraining order. However, working with the best divorce attorneys in New Jersey like our legal team at Bruno and Ferraro. We can give you peace of mind knowing you are guided by a professional familiar with laws and handling restraining order cases. Therefore, you can ensure a smooth-running process and look after your safety and welfare.
Being a victim of domestic violence is challenging to overcome, but there are ways to rise above this. Fortunately, you can now take action to protect your safety and gain peace of mind by remembering the information mentioned in this guide and seeking a restraining order. Don’t hesitate to contact experienced lawyers for your guidance and convenience.
Work with some of the best divorce lawyers in New Jersey by reaching out to our team at Bruno and Ferraro. We can handle your case and help you get a restraining order. Contact us to discuss your situation with us today!