What is domestic violence?
Domestic violence is the use of power and control over another, most commonly in intimate relationships. Domestic violence can be in the form of physical violence as well as the threat of physical violence. It can also be behavior that causes the victim annoyance or alarm.
Who are victims?
Victims can be male or female.
There is a law in New Jersey protecting individuals from domestic violence. Under this law, victims of domestic violence can seek a restraining order protecting them from further harm and requiring the abuser to have no contact with the victim.
If you are over 18 (or you are an emancipated minor) and you have been subjected to an act of domestic violence by a spouse, former spouse, household member or former household member, or if you had a dating relationship with the abuser, you may apply for a restraining order. If you are under age 18, there are also circumstances in which you may qualify for a restraining order. If you meet any of the above requirements, you are considered to be a protected person under the law.
What are the acts of domestic violence?
- Physical assault
- Sexual assault
- Terroristic threats
- Harassment
- Stalking
- Criminal restraint
- False imprisonment
- Criminal sexual contact
- Kidnapping
- Criminal trespass
- Lewdness
- Homicide
- Burglary
- Criminal mischief
What is a restraining order?
A restraining order is a court order protecting you against further acts of domestic violence and to keep the abuser away from you. Custody and visitation, support and other reliefs may also be awarded.
There are several ways in which to obtain a TRO:
- You may apply for a TRO at your county’s Superior Court Family Part.
- You may apply for a TRO at your local municipal court.
- If the Courts are closed, you may apply for a TRO with the police.
If you are granted a TRO, it will last up to 10 days. You will be scheduled to appear before a judge at the Superior Court at a Final Restraining Order (FRO) hearing. The abuser will be served with the TRO and will also be required to appear at Court at the same time as you. This is the time when you will present your case. Your abuser will also be able to tell his side of the story. If the judge determines that an act of domestic violence of committed, the judge will then determine if the TRO should be come a Final Restraining Order.
Why should I hire an attorney?
An FRO hearing is a trial. You have the best chance of being successful if you are represented by an experienced attorney. Keep in mind that your abuser also has the opportunity to hire an attorney. An FRO hearing is a stressful event and you may feel intimidated by your abuser or nervous about being in Court. At the hearing, you will have the opportunity to cross-examine your abuser. You may feel uncomfortable speaking directly to your abuser, especially in open court. An attorney has the training and expertise to find ways to effectively question the abuser to reveal inconsistencies in his story.
There is no guarantee of success at trial, even if you do hire an attorney.