Restraining Orders in New Jersey

Issues of domestic violence in New Jersey are dealt with through the courts. When a family experiences incidents of domestic violence, the most typical course of action for the victim is to seek out a restraining order. A restraining order is a court order that prohibits one party from interacting with the other, on the basis of safety for that individual or their family from acts of domestic violence. Restraining orders can affect many aspects of a person's life. They may affect matters of custody and divorce, not to mention any criminal charges that may be associated with incidents of domestic violence.

Filing For A Restraining Order In New Jersey

The first thing that a domestic violence victim must do is proceed to their local county courthouse. In court, the person requesting the restraining order will be known as the "plaintiff" while the subject of the restraining order will be known as the "defendant." When a restraining order is issued in New Jersey, it will come in one of two forms: temporary or final. Temporary restraining orders can sometimes be issued to plaintiffs as "ex parte" restraining orders, meaning that they are issued without a defendant present. Typically, a temporary restraining order will be issued ex parte if a judge has reason to believe that the plaintiff is in any sort of danger of experiencing domestic violence or has already experienced domestic violence.

Temporary restraining orders may be issued at a county court, or sometimes even at a municipal level. In emergency situations, plaintiffs may make the request from their local police or emergency service. Many times there is a judge who is "on call" who is able to issue orders in emergencies. Temporary restraining orders will last about 10 days, or until a hearing can be scheduled. If a temporary restraining order is issued ex parte, the defendant will generally be notified through court mailing.

Final Restraining Orders

Final restraining orders are restraining orders that have been finalized through a court hearing. Final restraining orders are typically permanent and do not have an end date assigned. These orders will be assigned through hearings. The outcome of a hearing is determined by the plaintiff and defendant's respective ability to make an argument and present evidence and testimony. Retaining the services of an attorney can be helpful through these hearings. Attorneys can make the difference between a positive and negative outcome. In addition to this, if a defendant wishes to petition the court to end the restraining order, an additional hearing must be held following the filing of a legal motion. An attorney can assist with this filing as well. Final restraining orders may have certain provisions or extensions that the initial temporary orders did not. Violating a restraining order can be a crime under New Jersey law.

If you or a loved one is involved in a domestic violence case in New Jersey, contact attorney Joseph D. Lento today.

Contact a Family Law Attorney Today!

Attorney Joseph D. Lento has more than a decade of experience practicing Family Law in New Jersey. If you are having any uncertainties about what the future may hold for you and your family, contact our offices today. Family Law Attorney Joseph Lento will go above and beyond the needs for any client and fight for what is fair.

This website was created only for general information purposes. It is not intended to be construed as legal advice for any situation. Only a direct consultation with a licensed Pennsylvania, New Jersey, and New York attorney can provide you with formal legal counsel based on the unique details surrounding your situation. The pages on this website may contain links and contact information for third party organizations - the Lento Law Firm does not necessarily endorse these organizations nor the materials contained on their website. In Pennsylvania, Attorney Joseph D. Lento represents clients throughout Pennsylvania's 67 counties, including, but not limited to Philadelphia, Allegheny, Berks, Bucks, Carbon, Chester, Dauphin, Delaware, Lancaster, Lehigh, Monroe, Montgomery, Northampton, Schuylkill, and York County. In New Jersey, attorney Joseph D. Lento represents clients throughout New Jersey's 21 counties: Atlantic, Bergen, Burlington, Camden, Cape May, Cumberland, Essex, Gloucester, Hudson, Hunterdon, Mercer, Middlesex, Monmouth, Morris, Ocean, Passaic, Salem, Somerset, Sussex, Union, and Warren County, In New York, Attorney Joseph D. Lento represents clients throughout New York's 62 counties. Outside of Pennsylvania, New Jersey, and New York, unless attorney Joseph D. Lento is admitted pro hac vice if needed, his assistance may not constitute legal advice or the practice of law. The decision to hire an attorney in Philadelphia, the Pennsylvania counties, New Jersey, New York, or nationwide should not be made solely on the strength of an advertisement. We invite you to contact the Lento Law Firm directly to inquire about our specific qualifications and experience. Communicating with the Lento Law Firm by email, phone, or fax does not create an attorney-client relationship. The Lento Law Firm will serve as your official legal counsel upon a formal agreement from both parties. Any information sent to the Lento Law Firm before an attorney-client relationship is made is done on a non-confidential basis.