Domestic violence can happen to anyone, anywhere, including in Passaic County. When you're the victim of domestic violence, you may try to downplay or justify the abuse or be ashamed to get help. No one deserves to be subjected to domestic violence; you deserve safety and security in your relationships. At the Lento Law Firm, our top priority is your safety. When you work with our Family Law Team, we help you learn all your legal options and support you in any legal action you choose to take. To discuss your case with our Family Law Team, contact us at 888-535-3686 or use our online form.
What is Domestic Violence?
Domestic violence comes in many forms; it can be emotional, financial, or physical. In Passaic County, domestic violence victims are those subjected to certain acts committed within a specific relationship; these include:
- A person you share a child with
- Someone you anticipate having a child with (meaning you or the other party is pregnant)
- Someone you have had a dating relationship with
- A spouse or former spouse
- A person is presently or formerly a member of your household
Acts that constitute domestic violence in Passaic County include:
- Harassment
- Coercion
- Criminal restraint
- False imprisonment
- Assault
- Sexual abuse
- Financial abuse
- Intimidation
- Emotional abuse
Domestic Violence Restraining Orders in Passaic County
While it can be terrifying to think of taking legal action against your abuser, restraining orders can be a helpful tool in extricating yourself from a domestic violence situation. Consulting the Lento Law Firm domestic abuse attorney and local Passaic County domestic violence resources can help you emotionally and logistically prepare.
What Can a Domestic Violence Restraining Order Do for Me?
When you think of a restraining order, you probably assume it's just a court order to keep an abuser away from a victim. You may be thinking that since the abuser is someone in your household, if they own the home or are on the lease, a restraining order would leave you out on the street. A person can't be kicked out of their own home by a court, right? These are a few misconceptions about restraining orders.
When you obtain a restraining order, an abuser can, at least temporarily, be restricted from a property even if they live there, own the property, or are on a rental lease. Restraining orders can also do much more than keep a safe distance between you and your abuser. Other common provisions of restraining orders include:
- Ordering the abuser not to visit places you frequent (such as work or school)
- Ordering an abuser not to contact you or your minor children by any method, phone, social media, in person, etc.
- Awarding temporary custody rights for minor children
- Ordering the abuser to surrender firearms or weapons to Passaic County law enforcement
- Ordering the abuser to pay costs associated with the domestic violence, such as home financial support, medical costs, lost wages, relocation costs, attorney expenses, and more
The Lento Law Firm attorney will discuss the full range of provisions that may be appropriate to include in your restraining order request.
How Do I File for a Domestic Abuse Restraining Order?
You never need to file a restraining order against your abuser alone. The Lento Law Firm Family Law Team attorney will be there to help. When you decide to file a restraining order, it is your best choice. You and the Lento Law Firm attorney will file a restraining order request with the Passaic County Superior Court Family Law Division at 77 Hamilton Street in Paterson.
The Presiding Judge of the Passaic County Family Part will hear your request for a restraining order. The Passaic County Family Part has its own unit for just these types of cases, the Domestic Violence unit. Its staff handles all domestic violence cases, including restraining orders. They can be reached at 973-653-2910 ext. 24420.
When you're a victim of domestic violence, you can file for a domestic violence restraining order, and if your abuse includes sexual abuse, you may also file for a sexual assault restraining order. The Lento Law Firm attorney will talk to you about your options and handle the paperwork for your restraining order. If you are in immediate danger, you can file an emergency restraining order, known in Passaic County as a temporary restraining order.
Filing a temporary restraining order can be done in two ways. When the Passaic County Superior Court is open (8:30 AM to 3:30 PM), restraining order requests must be filed in person at the courthouse (the address is in the above section). Domestic abuse isn't limited to courthouse hours, though. In fact, nights and weekends are often when domestic abuse occurs. You don't need to wait until the courthouse opens to request a temporary restraining order. On nights, weekends, and holidays, you can file a request with your local police department.
When your temporary restraining order is granted, temporary provisions (such as the ones discussed above) will be implemented for a short period, generally 10 days. A restraining order hearing will be scheduled within that 10-day period, where you and your abuser will go before the judge. The Lento Law Firm attorney will argue your basis for a final (permanent) restraining order. The Lento Law Firm attorney and counsel for your abuser can present evidence, examine and cross-examine witnesses, put forth a victim statement, and more to support your case. After the hearing, the judge will decide whether issuing a final restraining order is appropriate and which provisions should be included in the order.
Domestic Violence Resources in Passaic County
The Lento Law Firm attorney will handle all legal aspects of your domestic violence situation and emotionally support you through the process. But addressing the physical and emotional toll of domestic violence on you and your family will take a village. It can be scary, but once you've reached out to the Lento Law Firm Family Law Team, you've taken the first step to protection, and that's the hardest part.
Fortunately, Passaic County has numerous domestic violence resources and services; these include:
- The New Jersey Domestic Violence Hotline 1-800-799- SAFE (7233)
- The Passaic County Women's Center
- The Passaic County Domestic and Sexual Violence Center
- New Jersey Coalition to End Domestic Violence
Get Help from a Passaic County Domestic Violence Attorney Today
Take your first steps towards safety with the support of the Lento Law Firm Family Law Team. Contact us today at 888-535-3686 or contact us online.
