Domestic Violence And Restraining Orders
A restraining order can provide tremendous relief to a victim of domestic abuse. In addition to barring the defendant from physical contact, phone contact and any other form of contact, a restraining order may award the plaintiff temporary possession of the house, temporary custody of the children, child support, monetary damages and attorney’s fees.
Protection For Victims Of Domestic Violence
At Hanlon Dunn Robertson, in Morristown, we offer experienced legal representation to clients in family law and criminal law matters. Our legal team includes a certified criminal trial attorney and a certified matrimonial attorney.
The Restraining Order Process
In New Jersey, temporary restraining orders (TROs) are obtained through an immediate ex parte hearing: a hearing where the individual being served with a restraining order is not present. A person may request a temporary restraining order at a courthouse or at a police station. A temporary restraining order is served on the defendant within 24 hours of being signed and is enforceable for up to 10 days – until the final restraining order (FRO) hearing.
In this state, restraining orders are a very serious matter. While restraining orders in many states last for a limited duration, a New Jersey restraining order remains in effect for life unless modified. Accordingly, it is essential for anyone who is seeking a restraining order, seeking to modify a restraining order or opposing the issuance of a restraining order to retain qualified legal counsel.
Serious Restraining Order Consequences
Conversely, a restraining order can create significant challenges for the defendant. Once a restraining order is in effect, it is a crime to violate the terms of the order. Even innocent contact could potentially expose the restrained party to serious criminal penalties. The issuance of a restraining order is taken into account in divorce and child custody proceedings, and can have an adverse impact on an individual’s parental rights. People who are subject to a permanent restraining order may be legally prohibited from owning or possessing a firearm and may miss out on vital employment opportunities if background checks reveal the existence of a restraining order.