Top Tips for Obtaining and Upholding a Restraining Order

A restraining order can protect you from an abuser, preventing someone from contacting you or coming physically near you. To request a restraining order, you can go to the municipal court or police department in the jurisdiction where the abuse took place. The court recognizes two main types of restraining orders, although a temporary restraining order will be issued before a hearing takes place to issue a permanent order.

If you have filed a restraining order against someone, our Cherry Hill restraining order lawyers are here to provide assistance in enforcing a restraining order that has been violated.

How Do I Get a Restraining Order?

You are eligible to request a restraining order if you are the victim of domestic violence. This would apply to people who are married or formerly married, are living together, in a romantic relationship, or have a child together. You can apply for a restraining order at the courthouse or police station. If you apply at the courthouse, a member of the court staff (or even the court clerk) will help you fill out the application.

If you apply at the police station, an officer will contact the judge to decide if you qualify for a temporary restraining order. A temporary restraining order, or TRO, will prohibit someone from contacting you until a final restraining order (FRO) hearing is scheduled. The FRO will typically be scheduled within 10 days. At the final restraining order hearing, the judge will hear both sides and issue a decision. A FRO is permanent, so it will remain in effect unless modified by the court.

What Should I Do if My Abuser Violates a Restraining Order?

If your abuser fails to comply with a restraining order, then you should call the police. If your abuser is contacting you or causing you harm, the police will arrest the violator. If the individual has a history of violating restraining orders, then he or she may face a mandatory 30-day prison sentence.

Whereas many restraining orders offer protection, other restraining orders may order monetary support, including child support or mortgage payment orders. If an individual violates a civil order, the person who requested the order should contact the Family Court Domestic Violence Unit. A Victim’s Advocate may help you fill out the appropriate paperwork to enforce the order.

NJ Penalties for Violating a Restraining Order

Violating any portion of a restraining order is considered a criminal offense. Contacting the person by any means will constitute a violation. Under N.J.S.A. 2C: 29-9(b), an individual who intentionally violates a protective order is guilty of contempt of court, punishable by six months in county jail. Examples of behavior that would constitute an act of domestic violence would include sexual assault, harassment, and stalking.

How Can a Restraining Order Lawyer Help Me?

Domestic violence includes any pattern of emotional, physical, or verbal abuse to a family or household member, with most cases involving romantic partners. A victim can become used to being treated in a certain way or may be afraid to try and free themselves from a relationship in fear of their abuser retaliating.

At The Law Offices of Christopher St. John, we are committed to helping victims of domestic violence find a new path moving forward. If you are considering filing a restraining order, our office is here to simplify the process and protect your rights.

Contact Our Cherry Hill Restraining Order Attorneys Today

Asking for help is never easy, but it is sometimes necessary to protect your physical and emotional well-being. If you need help filing for a restraining order or if your abuser has violated an existing order, our Cherry Hill restraining order attorneys would like to hear from you. To schedule your free consultation, contact us online or by phone today.