Situations of domestic violence are very serious and the state of New Jersey treats them as such. It is because of this that victims can receive relief from abuse through a restraining order. Continue reading below to learn more about how this is done and contact an experienced New Jersey family law attorney for guidance.
What is a Final Restraining Order?
It is important to receive protection immediately when dealing with situations of domestic violence within your home. This is attainable through a Temporary Restraining Order (TRO). This order can be obtained through family court or the local police department and goes into action immediately, prohibiting the abuser from contacting you in any way. Once you receive a TRO, a court date should be scheduled within 10 days for a Final Restraining Order (FRO) hearing. During this time, you must prove to the court why the restraining order should become final. If the court agrees, the FRO can be granted and generally lasts forever.
What Happens at a Final Restraining Order Hearing?
FRO hearings are usually similar to other court hearings. You will be required to testify your case and present evidence to the court. This can include police reports, medical records, witnesses to abuse, and more. It is important to note that, during this time, the other party has the opportunity to do the same. The person you are requesting protection from can work to prove the violence did not take place and an FRO should not be granted. After the case is reviewed, the judge can make a decision. This is not always a simple process, which is why victims should have a skilled family law attorney on their side who can help them through it.
How Can a Restraining Order Impact Children?
When a restraining order is issued, contact between you and the other party is strictly prohibited. This can become complicated if you have children together, as the court may grant parenting time and/or financial support. Instead of interacting for these matters, it is best to have a third-party who can be trusted to do so for you so that you do not have any contact.
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.