Handling Your Case with Compassion, Diligence, and Discretion
If you’re a victim of domestic violence, there are steps you can take to protect yourself. In New Jersey, a court may issue a Restraining Order to prevent the abuser from coming into contact with you and committing further acts of abuse or violence. At Hoagland, Longo, Moran, Dunst & Doukas, LLP, our lawyers provide compassionate counsel and experienced representation for domestic violence matters and work diligently to ensure the interests — and safety — of our clients are protected.
Skilled Counsel for Temporary Restraining Orders
A temporary restraining order may be issued in domestic violence cases to provide you with immediate relief from abuse. A judge will typically grant a temporary restraining order ex parte if deemed necessary to protect you from harm. Since this type of order is granted without the other party present in court, the judge’s determination will be based on your testimony.
A temporary restraining order can prohibit the abuser from being in the same vicinity as you, your pets, and/or your children, and possessing a firearm. A judge may also grant you temporary custody and exclusive possession of the family home. A temporary restraining order will last until it is replaced with a final restraining order — or the judge either extends or removes it.
Knowledgeable Representation for Final Restraining Orders
A final restraining order is put into place after a hearing at which both the victim and alleged abuser provide testimony to the judge. It replaces the temporary restraining order and is often more detailed in the protections it affords the victim. For instance, in addition to protecting from violence in the future, it can prohibit any contact between the parties, determine child custody, and order financial support for the victim. A defendant may also be required to attend counseling and be prevented from legally owning a firearm in New Jersey.
Final restraining orders remain in effect permanently in New Jersey. However, a victim can later request that it be vacated. The court may also lift the order upon the request of the defendant if a judge determines it is no longer necessary.
Reliable Representation for Civil Restraints
A civil restraint is an alternative to a final restraining order that is negotiated and settled between the parties. Civil restraints eliminate the need for a hearing and may be appropriate in cases where domestic violence has occurred, but a final restraining order would adversely impact the family.
The parties can negotiate all of the terms in a civil restraint, which may include a “no contact” order, limited contact, geographic restrictions, temporary support and any other terms specific to the situation. Unlike with a temporary or final restraining order, a violation of a civil restraint does not result in jail time. Instead, civil sanctions could be imposed by filing a motion with the court.
Contact an Experienced New Jersey Domestic Violence Attorney
If you have been subjected to domestic violence, an experienced attorney can help you obtain a restraining order to ensure you are protected from further abuse. The New Jersey-based family law attorneys at Hoagland Longo have the skill and knowledge to obtain a favorable outcome in your case. Call 732-545-4717 to schedule a free consultation.