A restraining order is a protective order issued out to victims of crimes such as assault, sexual abuse, harassment and stalking. Restraining orders are most frequently granted to victims of domestic abuse, which refers to abusive acts between individuals who are involved in an intimate relationship. In addition to physical violence such as hitting, kicking and choking, domestic violence includes many other criminal acts, including lewdness, kidnapping, criminal trespass and burglary.
If you have been a victim of domestic violence, file a report with your local police department. The responding officer will instruct you on how to file for a restraining order at your county superior court. If the court is closed, you may be able to obtain an emergency order if the judge determines that you need immediate protection from your abuser.
Types of Restraining Orders in New Jersey
Emergency Restraining Order
Emergency restraining orders are issued by a superior court or municipal court judge for the purpose of protecting victims until they can file a complaint at the superior court's Family Division. In order to request an emergency order, you will need to call 911 or the local police. The responding officer will contact an on-call judge, who will grant you an emergency order if it appears that you are in imminent danger of injury or death at the hands of your abuser.
Temporary Restraining Order (TRO)
Once you file your complaint, you will be issued a hearing date in order to determine whether you need permanent protection from your abuser. In the meantime, you can apply for a temporary restraining order in order to protect yourself until the hearing. Keep in mind that a TRO will only be issued if the judge feels that you need immediate protection from your abuser. However, the judge only needs to hear from the victim, so you will not need to wait for a response from your abuser before being issued a TRO.
Final Restraining Order (FRO)
A final restraining order is issued after a formal hearing, at which you and your abuser are allowed to testify, present evidence and question witnesses in order to support your claims. Although you are allowed to represent yourself, it is highly recommended that you retain an attorney who has extensive trial experience in the New Jersey Family Courts. An attorney can help you gather compelling evidence, and prep both you and your witnesses for testifying in front of the judge. Once you are approved for a final restraining order, your abuser will be banned from contacting or approaching you on a permanent basis.
Any threatening or abusive behavior from your spouse should be taken seriously, even if there's been no previous history of abuse. While it's tempting to justify such behavior by saying “It was an isolated incident,” or “divorce brings out the worst in people,” not taking immediate steps to protect yourself can lead to tragic outcomes for you and your family.