Steps for Obtaining a Domestic Violence Restraining Order
Under New Jersey's Prevention of Domestic Violence Act, you are protected against domestic abuse. You have the right to be safe.
But if you are being abused, there are steps you can take to obtain a final restraining order against the person who is abusing you. This legal document will keep that person away from you, helping you to remain safe. Contact our Monmouth County domestic violence lawyers today.
How It Begins
Usually, when someone is being abused, the police are called to intervene. In the process of their investigating the call, they may ask you to file a complaint. This legal document gives the details of the abuse and is the first step in obtaining a temporary restraining order or TRO. The TRO is issued by a domestic violence hearing officer, by a municipal court judge or by a family court judge.
The Final Restraining Order: The Process
Within 10 days of the TRO, there will be a hearing scheduled for your final restraining order. You will appear in court to tell your side of the story and it is possible your abuser will be there, too, telling his or her side. If you are fearful of your abuser, there will be protection for you.
Along with telling your side of the story, you should bring to court proof of the amount for money you need for support, if your abuser has the obligation to support you.
Before going to court, it is wise to consult an experienced Monmouth County domestic abuse attorney.
This proof includes:
- Canceled checks
- ease showing the amount of rent
- Mortgage documents
- Utility bills
- Latest income tax returns or pay stubs
- Any other information that will document how much money you need from the abuser
After hearing from both you and your abuser, the judge will make his or her decision. If he or she makes the decision in your favor, you will receive the final restraining order.
Need Help Obtaining a Final Restraining Order? Call Us.
If you need help in obtaining a final restraining order, talk to an experienced Monmouth County domestic violence lawyer at the Law Offices of Steven P. Monaghan, LLC. Your initial consultation with us is always free. To get started, call us at (732) 624-6343 or complete the online form.
Source: Domestic Violence: The Law and You (Second Edition), Revised by Janice Davis Miller, published by the New Jersey State Bar Foundation, 2004.
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