Domestic Violence and Restraining Orders
In New Jersey, the filing of domestic charges and/or restraining orders can have serious consequences. If you are a victim of domestic violence, a defendant who has been charged with domestic violence, or if you have had a restraining order filed against you, it is important to know your rights.
Why would a restraining order be filed?
A restraining order can be filed based on an alleged act of domestic violence against the victim.
What types of acts are considered domestic violence?
Common examples of acts that fall under the category of domestic violence can include assault (N.J.S.A. 2C:12-1), trespass (N.J.S.A. 2C:18-3), and harassment (N.J.S.A. 2C:33-4).
What types of restraining orders are there?
Temporary Restraining Order (TRO): When a restraining order is first filed, the court will hold a TRO hearing. If there is enough evidence of an act of domestic violence, the judge can grant the TRO.
Final Restraining Order (FRO): 10 days after the TRO is entered, a FRO hearing can be held. If the judge grants the FRO, the restraining order becomes indefinite.
What are the consequences of a restraining order?
If you have had a restraining order filed against you, it can affect the locations you go to, the ability to contact the victim, and it can even affect where you live and remove you from your home.
As a victim of domestic violence, a restraining order can be a powerful tool. It can protect you against being contacted by the other party and even remove him or her from your home. If the other party violates the restraining order, he or she faces serious consequences.
If you have a restraining order against you and are accused of violating the restraining order, you can face criminal penalties.
What are the consequences of domestic violence?
It is important to note that a domestic violence case can have two components: the restraining order and the underlying criminal act of domestic violence. In addition to being faced with the restraining order, the criminal act exposes you to serious liability in criminal or municipal court as well. You could face a conviction on your criminal record, fines, and even jail.