New Jersey Restraining Order Lawyer
Issued by a judge, a restraining order restricts the actions of another person to protect a person from harm. While a restraining order serves to safeguard an individual, it also has a significant impact on the person who the order is filed against.
At The Law Offices of Christopher St. John, we have a thorough understanding of the laws surrounding restraining orders in the Garden State. Whether you are seeking a restraining order for your own protection or are contesting an order, we tailor our approach to your specific needs. When you work with our legal team, you are working with an attorney who will put your needs first.
What is a Restraining Order?
A restraining order protects an individual from another party’s threats, harassment, or abuse. Any person who is a victim of domestic violence can obtain a restraining order. A restraining order limits where a person can go and what people they can be in contact with while the order is in effect.
Under New Jersey law, any person who is 18 years of age or older or an emancipated minor can file for a restraining order if abused by a spouse, former spouse, household member, or former household member.
Types of Restraining Orders in New Jersey
New Jersey courts recognize two types of restraining orders, a Temporary Restraining Order (TRO) and Final Restraining Order (FRO).
Temporary Restraining Order (TRO)
When an individual seeks a protective order, the court will first issue a temporary restraining order, or TRO. This allows the victim to get immediate protection but only remains in effect until the petitioner’s hearing, which is usually scheduled about ten days later.
Final Restraining Order (FRO)
A final restraining order (FRO) will be granted after a formal court hearing. At the hearing, both the petitioner and the accused will have the chance to tell their stories. If the court believes that there is evidence of abuse, then a FRO will be issued in place of the temporary order. An FRO in New Jersey will remain in effect permanently.
Victim’s Assistance and Survivor Protection Act (VASPA)
As of January 1, 2024, the Victim’s Assistance and Survivor Protection Act, known as VASPA, provides a protection order to victims of nonconsensual sexual conduct, lewdness, stalking, and cyber-harassment. A VASPA order imposes both civil and criminal penalties on any defendants who violate the order. Penalties may include prison time, probation, fines, and other forms of relief imposed by the court.
If a victim is granted a VASPA order, it will apply nationally. The protective order will be included in the Domestic Violence Central Registry, as well as those individuals who have been charged with violating a protection order.
Speak with Our New Jersey Restraining Order Lawyer Today
Our legal team has experience in representing victims of domestic violence and in helping accused persons contest restraining orders. We aim to put our clients at ease by handling each case with sensitivity while also taking the time to explain complex legal matters.
If you are looking for top-notch representation, look no further than The Law Offices of Christopher St. John. To begin defending your rights, contact our office by phone at 856-296-3481 or by filling out our online contact form.