Domestic Violence: Restraining Orders | NJ
We know that this is a troubling time for you and your family. However, the attorneys of Hammerman Rosen LLP are confident that we can obtain your best possible result while always protecting your safety.
We are known for facilitating quick and easy resolutions to complicated and emotional family issues, and we want to help you obtain the long-term protections you deserve.
Filing For Temporary Restraints and Getting an FINAL RESTRAINING ORDER
If you have been the victim of domestic violence, or are being threatened or harassed by a family member, you should consider filing a Temporary Restraining Order against that family member to protect your safety. Temporary restraining orders, called T.R.O.s, are liberally granted applications for a T.R.O. are found at your local police station.
Once a temporary restraining order has been obtained, a hearing date will be scheduled to determine whether a Final Restraining Order should be entered. A Final Restraining Order, or F.R.O, extends restraints, i.e. restrictions against contact, indefinitely into the future. Importantly, Final Restraining Orders are enforced by law enforcement.
At your F.R.O. hearing, which is scheduled under the Superior Court of New Jersey: Chancery Division's FV docket, you will have the crucial opportunity to set forth, on the record, why the state should enforce restraints against the defendant. You should strongly consider going represented to this appearance.
Consent ORDERS And TRANSFERS FROM FV TO FD DOCKET
Whether you are a plaintiff or a defendant, it may be possible to enter into a Consent Order that drops the Temporary Restraining Order against defendant but still keeps strong civil protections in place for the plaintiff. The difference between a Consent Order and a Final Restraining Order is that the later is enforced by the police and the former by the courts. In practice this means that if the defendant violates the terms of a Consent Order, he can be sued, but will not go to jail unless there is a new act of domestic violence.
Similarly, an action can be transferred from the Courts FV docket to the FD docket if parties have a child and parties are able to agree to terms on custody, child support, and other parenting considerations. Remember:
Settlement is Always Possible At Any Stage of the New JErsey divorce Process
Even if you are currently at odds with your spouse, the right approach and skilled negotiation can resolve most issues. Family courts are overburdened and push parties toward settlement.
Defense against an FINAL RESTRAINING ORDER
If you have been accused of an act of domestic violence and a TRO has been entered against you, you should strongly consider getting an attorney at your hearing. Consequences of having a Final Restraining Order entered against you are severe and can include losing your job, impacts on child custody, and other consequences. Our attorneys have defended those accused of domestic violence, and have had enormous success reaching Consent Orders with plaintiffs.
Divorce - Separation - Child Custody - Child Support - Property Division - Alimony - Spousal Support - Mediation & Arbitration - Domestic Violence and Restraining Orders
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