When domestic violence impacts a family, it is an unspeakably difficult and emotional thing to deal with. It is important to know that there is relief available to you in these situations through the issuance of a restraining order. Continue reading below to learn more and contact an experienced New Jersey family law attorney if you are struggling with this matter.
What is a Final Restraining Order?
Victims of domestic violence can go to the family court in New Jersey to receive a restraining order against the person abusing them. This prohibits the abuser from contacting them in any way. First, they can receive a Temporary Restraining Order (TRO). This can be provided through family court or the local police department. After receiving this, the individual will have a court date, generally within 10 days. This is a Final Restraining Order (FRO) hearing. During this time, they are required to present evidence to the court regarding why they feel the TRO should become final. If the court agrees, the FRO can be granted. In most situations, this lasts forever.
What Happens at a Final Restraining Order Hearing?
A hearing for a Final Restraining Order works similarly to other court hearings. The victim will testify and present evidence for their case. This can include police reports, medical reports, witnesses, etc. It is important to note that the other party can do the same to try and prove that domestic violence did not take place and a FRO should not be issued. After reviewing the case and evidence presented, the judge will decide whether or not the FRO is needed. The process of these hearings is not always easy. They can be long and complicated, which is why it is important to have a family law attorney who is well versed in these hearings who can guide you through the process.
How Can a Restraining Order Impact Children?
When a restraining order is issued, it requires no contact between the two parties. However, in the event that they have children together, the court may grant parenting time and/or financial support. In dealing with these situations, it is best to have a trusted third-party to handle picking up and dropping off the children to one another so that no contact takes place.
Contact our Firm
If you require strong legal representation for matters of divorce and family law in New Jersey, contact The Law Offices of Paone, Zaleski & Murphy to schedule a consultation with one of our experienced attorneys today.