Fierce Protection For New Jersey’s Victims Of Domestic Violence
At Law Offices of Melissa Rosenblum, LLC, we fight ferociously to protect the survivors of domestic abuse. If you need an attorney’s help to petition the court for a protective order – also known as a restraining order – we know exactly what to do. Our firm is led by Melissa Rosenblum, who has devoted more than 25 years of her life to providing outstanding legal services to the people of Atlantic City, Pleasantville and the surrounding areas.
Restraining Orders In New Jersey: What To Know
Under the 1982 Prevention of Domestic Violence Act, New Jersey offers certain court orders that prohibit one person from contacting or coming within a set distance of another person. The state has three types of restraining orders:
- Temporary restraining orders last a finite period of time.
- Final restraining orders, which are permanent.
- Sexual assault restraining orders that protect survivors of sexual assault from their assailants.
You have the right to seek a restraining order if you and the other party had a domestic relationship of some sort – for instance, dating, marriage, having one or more children or living in the same household – and they committed an act of violence against you. Examples include:
- Assault and battery
- Criminal restraint
- Sexual assault
In what is no doubt an overwhelming time, you can rely on us for compassion and respect in addition to our excellent counsel. We know that what you are going through is not easy, so we try to make things as straightforward as possible so you can focus on tending to your family and preserving your peace of mind.
We Know How The Defense Thinks
Ms. Rosenblum has rare insight from her experience as a criminal defense attorney. She has seen both sides of the story in cases involving restraining orders. As a result, she understands the evidence needed to successfully obtain a restraining order, how to extend one and other precautions to take, if necessary, to protect you.
Frequently Asked Questions
A restraining order can help protect you against your abuser. We understand how overwhelming this time is for you, but you can trust our dedicated counsel to help keep you safe. We are here to answer your questions about the process, but in the meantime, please see answers to some frequently asked questions.
What are the requirements for filing a restraining order in New Jersey?
If a spouse or former spouse, household member, someone you are dating or someone you share a child with commits an act of domestic violence against you, you may be eligible for a restraining order. You must file a restraining order in the county where either party resides, where the violence took place or where you are currently sheltered. In your complaint and application for a temporary restraining order, you must allege an act of domestic violence, a history of domestic violence and that the restraining order is necessary to protect your safety.
What is the difference between a temporary and a final restraining order?
A temporary restraining order (“TRO”) temporarily protects the victim until the court grants a permanent restraining order. It allows a victim of domestic abuse to become protected immediately while they wait for a court hearing. The court will examine the evidence at the hearing and decide whether to grant a FINAL restraining order (“FRO”). If granted, the order is permanent and will not expire unless the parties move to dissolve it.
How long will it take to get a restraining order?
A TRO is often granted immediately to offer you protection until the scheduled hearing. The court will schedule a hearing for a final restraining order within ten days. At the hearing, the option for postponement will be presented to both parties. At the final hearing, the judge will decide whether to grant a FRO based on the evidence presented to the court.
How quickly will the restraining order take effect? How long will it last?
Both temporary and final restraining orders take effect immediately after a judge enters them. A temporary restraining order lasts until the hearing to determine whether to make the order permanent. If the court decides that you presented evidence by a preponderance of the evidence that a predicate act of violence occurred and that the restraining order is necessary to protect your safety, then a permanent restraining order will be granted and it will never expire.
What happens if a restraining order is violated?
If you are in danger, call the police immediately. A violation of a restraining order is a criminal offense that can lead to an arrest, a fine and jail time.
Reach Out Today For Our Help – Free Consultations
At Law Offices of Melissa Rosenblum, LLC, we have the knowledge, experience and compassion to help. The sooner you act, the sooner we can help you seek a restraining order. Contact us at (609) 732-3753 or send us an email to schedule your completely free initial consultation.