Is A Restraining Order In New Jersey The Same As An Order Of Protection?
An order of protection, in New Jersey, is considered a restraining order. When someone applies for a restraining order, it happens ex parte, which means it happens without the presence of the other party at the initial hearing. The judge would issue one based on personal testimony and it would last 10 days. It’s what they call a temporary restraining order. Within that 10 days, the ideal situation is that you have the other party notified the day after the restraining order is issued. Within that 10 days, they’ll get their right to go to court. It will be handled within the family court of New Jersey.
One option is to have the allegations contested and try to have the order dismissed because he or she is not guilty of committing an act of domestic violence or there is not a necessity for a restraining order. Another way is to have the parties agree to some resolution other than a permanent restraining order. Worst case scenario, the person proves that there was an act of domestic violence and that there is a need for a permanent restraining order. It is very tough to get rid of a permanent restraining order, once it is issued.
What Protections Does A Restraining Order Have In New Jersey?
A restraining order prohibits any kind of communication with the person who is protected. You can’t go see them in person, call them, text them, or have another person contact them on your behalf. It may also impact your children and loved ones. The person seeking a restraining order can ask to have children included in the order. They also can have the employer that they work for or any friends or family members associated with the parties included in the restraining order. Then, the person who is issued cannot contact anyone even associated with the protected person. If you have a mutual employer, it may result in the loss of your job because you can’t go to work, if you can’t contact your employer.
Who Can Request A Restraining Order And Is It Always Granted?
To have a restraining order granted, in New Jersey, you have to first prove that there’s some kind of domestic relationship between the parties, like boyfriend and girlfriend, or husband and wife. It is the standard for the first temporary restraining order. The person in question then has to prove that there was some kind of act of domestic violence that occurred.
The initial judge would most likely have to be cautious and issue it, knowing that within the next 10 days, we’ll have a formal hearing. The other party could present their side and get their due process rights to contest it. If the judge assessing it at the initial stage feels that the person is credible, they’ll issue it and let it proceed the way it needs to.
Are Restraining Orders Always Put Into Place In A Domestic Violence Related Arrest?
A temporary restraining order is always requested after a domestic violence arrest, if the victim wants it. When the police come to such an incident, they will ask the victim if they want protection. If you have children, at the initial stage, you could ask for the children to be included in the order as well.
Can I Possibly Get A Restraining Order Against Me Dropped?
As far as a temporary restraining order goes, the other party can agree to drop it or you can negotiate with them through the proper avenues. There are remedies to have the person assist you in relieving you of that burden by filing a motion saying that the threat is gone. A permanent order can also be dropped, if the protected party agrees to it.
For more information on Restraining Orders In The State Of New Jersey, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (973) 286-9167 today.
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