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5 Professional Circle Colts Neck, NJ. 07722   (732) 845-9010

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How to Obtain a Restraining Order in New Jersey

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 Although women significantly outweigh men as victims of domestic violence, domestic violence does not just happen to women.

A man came into my office to discuss filing for divorce.

During our consultation he advised me that his wife had physically threatened him with a knife, and thereafter told him that she felt that she was likely to harm him. 

The circumstances he described sounded real and potentially dangerous.

Nonetheless, when I suggested that he seek the protection of the court by applying for a temporary restraining order (TRO), he minimized the danger to himself.

When I advised him that I would not represent him unless he gets the protection that he so clearly needs, he hired other counsel.

How does someone who is being significantly abused seek a restraining order?

In New Jersey, a judge or hearing officer has the authority to grant a restraining order at the request of a person in a family or in a family-like relationship that temporary restrains the other person from returning to the shared residence and from being in the presence of the alleged victim, among other things.

It is a two-part process.

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The first part of the process involves the alleged victim going to either the Superior Court or the local police department and filling out a set of papers that outline the acts that the victim says the perpetrator committed.

After reviewing these papers, and after testimony from the alleged victim, a judge or hearing officer will decide whether circumstances exist that warrant the issuance of a temporary restraining order (TRO).

The second part of the procedure involves the “return date,” which is a day for both parties to appear in the Superior Court, usually about a week after the TRO was entered.

At that time, the parties will appear before a Superior Court judge.

The judge will listen to the testimony of the alleged victim and will then listen to the response by the alleged perpetrator. An actual trial takes place.

As a result of considering the testimony of the witnesses as well as any evidence presented (such as photographs and any other physical items that either or both parties may attempt to use to prove their case), the judge will decide whether an act of domestic violence has occurred.

If the judge decides that in his opinion an act of domestic violence has not occurred, then he will dismiss the case.

On the other hand, should the judge find that an act of domestic violence did occur, he will enter a final restraining order (an "FRO").

At this point the judge has a broad array of supplemental remedies available to help the victim of domestic violence, including granting exclusive possession (not title) of the residence to the victim, providing for custody of children and parenting time, financial relief, and a host of other possible options.

Of course, there are some people who attempt to abuse the protection that the Prevention of Domestic Violence Act offers.

Restraining orders are available to protect people who are at risk, not someone who, for example, is inappropriately attempting to obtain an advantage in a divorce case or a custody battle.

The man who came to my office to discuss filing for divorce was in denial about the seriousness of his wife’s conduct and her threatening statements.

Notwithstanding his own denial, his family was frightened for him because they understood the seriousness of the wife’s actions and statements.

He, however, was unable to accept the fact that his wife might actually carry out her verbal threats, even in the face of the reality that his wife had recently held a knife inches from his throat threatening to kill him.

Talking with a third party who you trust is usually a good gauge for determining whether circumstances are severe enough to warrant seeking a restraining order.

That third party should be someone who is very familiar with our court system, usually a lawyer who is knowledgeable about restraining orders.

A police officer or someone in a related capacity might serve the function as well.

It is important for people of both sexes and from all backgrounds to understand that if they are being threatened or harmed by a significant other, there is a place to go for help.

Learn More About Steve Kaplan's Divorce Course

THERE'S A LOT MORE FREE HELP WHERE THIS ARTICLE CAME FROM


If you are considering separating or filing for divorce, the most important thing for you to do before doing anything else is to learn how to protect yourself, your children, and your assets.

I'll show you how you can do it.

I've specialized in N.J. divorce law for 37 years.steven

I "get it" and I'm here to help.

STEVE KAPLAN'S DIVORCE COURSE will teach you how to turn your situation around to your advantage.

Every divorce case is different. My emails will teach you, in an easy to understand way, everything that you need to know to help you make the right decisions based upon the particular facts of your situation.

I get emails from strangers all the time thanking me for making this information available to them online at no cost, and I'm pretty certain that you, too, will get a lot of value from my emails.

And if you want to stop the emails, I made it really easy for you to do that... one click on any email stops the course. But few people do that...because the material is really helpful to anyone who is even just beginning to think about getting a divorce here in NJ.

SO HERE'S THE LINK.

Are you ready to start turning things around?

The next move is up to you...!

Click the link above and begin learning how to get the "edge" in YOUR N.J. divorce case.

Until next time,

Steve
Steven J. Kaplan, Esq.

Specializing In Divorce
Throughout New Jersey

5 Professional Circle
Colts Neck, NJ. 07722

www.KaplanDivorce.com
(732) 845-9010

Learn More About Steve Kaplan's Divorce Course

Topics: Domestic Violence