Courts issue restraining orders to protect victims of domestic violence from further harm. In a restraining order case, it is helpful to have a trusted attorney to advocate on your behalf. A Piscataway restraining order lawyer can help. At the Law Office of Jennifer L. Marshall, LLC, our legal professionals fiercely advocate for those who need protection from abuse.
If you think you need a protective order, contact our firm now to discuss your legal rights and options. No matter your situation, we are ready to provide support and legal guidance in your case.
New Jersey Restraining Orders
In New Jersey, there are two different types of restraining orders: temporary restraining orders and final restraining orders. The context of how far along someone is in their legal journey will determine what type of order they can obtain.
Temporary Restraining Order
A judge can issue a temporary restraining order (TRO) to protect the victim’s life, health, or well-being. TROs are temporary and remain in effect until the court can have a hearing for a final restraining order, which is usually within ten days.
The other party (defendant) is notified of a TRO hearing, and they are present. The person seeking the order (petitioner) explains the circumstances to the judge. The judge will issue a TRO if it is clear that a predicate act occurred and the petitioner fears further contact with the defendant.
In a TRO, the judge can forbid the defendant from engaging in certain conduct. This includes returning to the scene of the incident, possessing firearms or other weapons, contacting the victim in any way, and any other relief the court determines is necessary to protect the victim from further abuse. The sheriff will serve the TRO and notice of hearing on the defendant, and they will be bound by it until the hearing on the final order occurs.
Final Restraining Order
After a hearing where both sides have the opportunity to tell the court what happened through witnesses and other evidence, the judge may then grant a final restraining order. A final protective order is permanent and has no end date. The defendant will be permanently listed in a database of domestic violence offenders.
If a party wants a final restraining order lifted, they can file a motion in court asking the judge to modify the order. The judge will hold a hearing about whether the order remains necessary and decide whether to lift the order after hearing from both parties.
Through a final restraining order, the judge can prohibit the abuser from committing acts of domestic violence against the victim, visiting the victim’s home, school, or work, contacting the victim, and any other relief the court deems necessary.
Filing a Restraining Order
For their future protection, victims of domestic violence should consider filing a restraining order against their abusers. While court staff can help victims fill out the paperwork for a TRO, it is always a good idea to consult a professional well-versed in family law whenever possible. At the Law Office of Jennifer L. Marshall, LLC, we guide domestic violence victims through the process of filing a TRO and preparing for the final restraining order hearing.
In New Jersey, victims of domestic abuse can request a restraining order if they:
- Are or were married to the accused
- Live together or are dating
- Have a child together
If these circumstances apply in your case, contact a Piscataway restraining order attorney to discuss how to proceed.
What Is a Predicate Act?
A civil restraining order is not available to everyone. Only people who have very recently experienced an act of domestic violence can apply for a restraining order in Family Court.
The incident of domestic violence is called a “predicate act” that triggers the right to ask the Family Court for a restraining order. It is not necessary for physical violence to have occurred. There are numerous acts that could count as predicate acts, and some of the most common include:
- Stalking
- Assault
- Threats
- Harassment
- False Imprisonment
- Criminal restraint
- Kidnapping
- Sexual abuse
A predicate act may be directed at either the person seeking the order or a child of the person seeking the order.
Although criminal charges may be pending against the abuser, a victim could seek a protective order even if there are no criminal proceedings against the defendant related to the predicate act. Because the request is a civil matter heard in Family Court, a victim needs only to prove it is more likely than not that the predicate act occurred. Piscataway attorney Jennifer Marshall could advise a victim about the evidence and testimony necessary to obtain a restraining order.
Restraining Orders When the Parties Share Minor Children
When the petitioner and defendant share children, a TRO supersedes any existing custody order. If the judge decides to make the TRO permanent, the order can modify the custody arrangement. The judge could preserve the defendant’s parenting time, limit or restrict it, or deny the defendant parenting time.
If the judge decides to continue to allow the parenting time, limited contact between the parents may be permitted solely for the purpose of communicating about the children. Typically, a third party will be nominated to transport the children for parenting time, or the exchange will take place at a police station. The judge may require the defendant’s parenting time be supervised.
Custody Changes Are Temporary
If the judge limits the defendant’s parenting time in a permanent restraining order, the change is expected to be temporary even though the restraining order is permanent. The judge will usually schedule a hearing on the parenting plan, where each party can make a case for their preferred parenting arrangement based on the children’s best interests. It is critical for a Piscataway parent involved in a restraining order proceeding that impacts the custody arrangement to work with an experienced family law attorney.
In many cases, the judge will appoint a third party to make recommendations regarding custody. New Jersey Court Rule 5:8B allows for the appointment of a Guardian ad Litem who gets to know the parents and children and advises the court of their opinion about the solution that serves the children’s best interests. A judge may also require the parents to seek a mental health evaluation with a custody evaluator who will conduct an in-depth study of the family dynamics before making a recommendation.
Create a Safety Plan with a Piscataway Restraining Order Attorney
If you are the victim of domestic abuse and need to file a restraining order, contact a Piscataway restraining order lawyer immediately. Our team of legal professionals will work diligently to advocate for your best interests. Contact our office for compassionate legal guidance.
