No one should ever find themselves in a situation of domestic violence. However, it is an unfortunate reality that this can happen to anyone, regardless of their age, gender, race, sexual orientation, etc. In the event that it does, it is important to know that it is not your fault and you are not to blame. The first step in making sure you get your life back is to take action so that it never happens again. This can be done by receiving protection for yourself as well as your family. To learn more about how this is done, continue reading and contact a compassionate New Jersey domestic violence attorney for assistance.
New Jersey Domestic Violence Laws
In the state of New Jersey, all victims of domestic violence are able to seek out criminal and civil relief against the individual who abused them. However, this cannot be accomplished simply by telling law enforcement or the court that domestic violence took place. It is important to not get discouraged by this. Instead, let it motivate you to retain the services of an experienced attorney who can assist you in fighting for your protection. This begins by filing a restraining order immediately after the first act of domestic violence occurs.
How Do I Obtain a Restraining Order in New Jersey?
While you do not necessarily need an attorney to file a restraining order, doing so can benefit you. An attorney can help to navigate the process while you are facing a stressful and emotional time in your life. It is important to know that, in order to begin this process, you are required to report the incident to law enforcement or the local court. This can be scary to do, but it is essential to getting the protection you need. This is because, once it is done, a Temporary Restraining Order (TRO) can be granted. With this, your abuser is prohibited from contacting you in any way until a hearing occurs.
During the hearing, the court will review the evidence of domestic violence. If proven, a Final Restraining Order can be granted, allowing the following relief:
- Protects you from future violence
- Prohibits contact and harassment
- Provides you with temporary custody of any minors
- Provides financial support
- Offers counseling or therapy
- Prohibits the abuser from bearing arms or other weapons
- Allows temporary possession of the personal property
It is also possible for you to press criminal charges. This can be accomplished by filing a Criminal Complaint about the abusive behavior.
Contact our Firm
If you require strong legal representation for matters related to divorce or family law, Haber Silver Simpson & Russoniello is here to help. We proudly represent clients in Morris County and throughout the state of New Jersey. Contact our firm today to schedule a consultation.