Standard for Obtaining a Domestic Violence Restraining Order
Obtaining a final restraining order in a domestic violence case in New Jersey is not something the court takes lightly. If you are seeking one, there are some things you should know. Learn more from our Monmouth County domestic violence attorneys.
There Are Certain Standards that Guide the Court
To obtain a final restraining order, the court will conduct a trial and examine several factors, guided by New Jersey's Prevention of Domestic Violence Act.
These factors include:
- Does the person seeking the restraining order qualify as a victim? A victim of domestic violence can be an adult, an emancipated minor or a minor and includes those who are elderly or disabled. Also according to the law, individuals who have experienced violence in a dating relationship also qualify.
- Is the alleged act considered domestic violence? Domestic violence is defined as: homicide, terroristic threats, criminal restraint, sexual assault, criminal sexual contact, burglary, criminal trespassing, assault, kidnapping, false imprisonment, lewdness, criminal mischief, harassment, and stalking.
- Is there a history of domestic violence or was it just one act? Regardless if there is a history of domestic violence or this is just one act, domestic violence would include threats, harassment, and physical abuse.
- Is the victim in immediate danger or is his/her property in immediate danger? Both situations are covered by the New Jersey law and are considered by the court.
If the court finds that the victim has proved these factors, the court will issue a final restraining order.
Are You Seeking a Final Restraining Order in New Jersey? Call Us.
If you are a victim of domestic violence in New Jersey and are seeking a final restraining order, talk to one of the experienced Monmouth County domestic violence lawyers at the Law Offices of Steven P. Monaghan, LLC. Your first consultation with one of our attorneys is always free.
Call us at (732) 624-6343 or complete the online form to get started.