In May of 2024, a Plainfield man was sentenced to 40 years in prison for the strangling of Brenda Montoya-Cruz, his ex-girlfriend. Six days before her death, Ms. Montoya-Cruz complained to the police that her ex-boyfriend had choked her but then declined to file a petition for a restraining order. At the time of her death, she was 19. For victims of domestic violence, restraining orders are relatively easy to get in New Jersey and will often prevent violence and even death.

The Lento Law Firm Family Law Team is a group of experienced domestic violence attorneys in New Jersey. If you need assistance with a restraining order or other domestic violence issues, call the Lento Law Firm at 888-535-3686 or submit your details online, and we will promptly contact you.

The Most Critical "Red Flag" in Domestic Violence

Ms. Montoya-Cruz had reported her ex to the police after he attempted to choke her. Choking is the most critical red flag in domestic violence, according to Psychology Today. Previous choking attempts make attempted or completed murder seven times more likely. Although the police urged Ms. Montoya-Cruz to seek a restraining order, she declined.

Restraining Orders (ROs)

In New Jersey, victims of domestic abuse can seek protection through Restraining Orders (ROs). The process is straightforward, and the initial paperwork is relatively simple. A victim of domestic violence can file a petition for a Temporary Restraining Order (TRO) by going to the Superior Courthouse in the county in which they live, where their abuser lives, or where the abuse occurred. The TRO will go into effect immediately, and your abuser will be served immediately. To obtain the TRO, you will need to appear before the judge, but the defendant will not be at this hearing. The TRO will remain in place for ten days until the Final Restraining Order (FRO) Hearing. At the FRO Hearing, you must present evidence to support your petition.

How FROs Protect Victims

A civil court can issue a Final Restraining Order (FRO) after an incident of domestic violence to protect victims from further violence. A TRO or FRO can prevent an abuser from contacting the victim or being near the victim's home or workplace. Violations of a TRO or FRO order have grave consequences in NJ. A first violation of a TRO or FRO is punishable by up to 180 days in jail and a fine of up to $1,000. A second violation will involve a mandatory jail sentence of 30 days and more profound consequences. The prosecutor can seek felony charges for violations of TRO/FROs, and this felony conviction is punishable by up to 18 months in jail and a sizable fine. In essence, the court can order an abuser not to contact the victim or be anywhere that contact with the victim is likely. If the abuser violates this order, they can spend considerable time in jail.

The Lento Law Firm Can Help Victims Get FROs

If you need help obtaining a restraining order in New Jersey, contact the experienced attorneys at the Lento Law Firm. They have assisted numerous families dealing with domestic violence through the TRO/FRO process. It's important to take your abuser's threats seriously, especially if a pattern of abuse is escalating. Call the Lento Law Firm at 888-535-3686 or submit your details online, and we will promptly contact you.