In New Jersey, restraining orders are vital tools for safeguarding individuals from domestic violence and harassment. Knowing the grounds for obtaining a restraining order can help victims take swift and effective legal action. Here is an overview of the grounds for obtaining a restraining order in New Jersey and how Villani & DeLuca, P.C. can assist you.
Legal Grounds for a Restraining Order
To secure a restraining order in New Jersey, the petitioner must establish that they are a victim of domestic violence. The New Jersey Prevention of Domestic Violence Act specifies several acts that qualify as domestic violence, including:
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Assault: Any act of physical violence, such as hitting, slapping, punching, or causing bodily harm.
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Harassment: Engaging in conduct intended to alarm, annoy, or seriously annoy the victim, including threats, stalking, and constant unwanted communication.
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Terroristic Threats: Any threats of violence meant to terrorize or intimidate the victim.
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Stalking: Repeatedly following, monitoring, or threatening someone, causing them fear for their safety.
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Criminal Restraint: Unlawfully restricting a person's freedom or movements.
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Kidnapping: The unlawful taking or detention of a person against their will.
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Sexual Assault: Non-consensual sexual acts forced upon the victim.
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Criminal Mischief: Deliberate damage or destruction of the victim's property.
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Burglary: Unlawful entry into the victim's property with intent to commit a crime.
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Any Other Crime: Any other criminal offense that endangers the victim's well-being or safety.
The Restraining Order Process
Filing a Complaint
- The victim must file a complaint with the family division of the Superior Court in the county where they reside or in any county where an act of domestic violence occurred.
- Upon filing the complaint, the court may issue a temporary restraining order if there is an immediate and present danger to the victim. The TRO provides immediate protection until a full hearing can be held.
Full Hearing
- A full hearing is typically scheduled within 10 days of the issuance of the TRO. Both parties will have the opportunity to present evidence and testimony.
Final Restraining Order (FRO)
- If the court finds sufficient evidence of domestic violence at the full hearing, a final restraining order can be issued. This order provides long-term protection and remains in effect unless modified or dismissed by the court.
How Villani & DeLuca, P.C. Can Help
Villani & DeLuca, P.C. is a highly experienced family law firm in New Jersey, offering legal assistance to individuals seeking restraining orders. Their attorneys are dedicated to protecting your rights and ensuring your safety. Contact us today at (732) 751-4991 for your free first consultation.
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