The use of restraining orders in cases of domestic violence

On Behalf of | Dec 13, 2022 | DIVORCE - Divorce, DIVORCE - Domestic Violence |

If you are experiencing domestic violence in your marriage, you can request a restraining order. There are two types of restraining orders, and each outlines conditions that the alleged abuser must follow.

The judge states a deadline for the order. If the defendant violates any condition of the order, there are consequences.

Types of restraining orders

The New Jersey Courts describes the two types of orders: Temporary and Final restraining orders. If you can show the court you are in immediate danger, a judge will issue a temporary order that goes into effect immediately. To apply for this restraining order, go to the Family Division Office of the courthouse in your county. If it is after hours, go to the police department.

If the judge approves a temporary order, he or she will schedule a hearing to decide if a final restraining order is appropriate. At this hearing, you and your spouse will have a chance to present your sides to the judge. If the judge grants a final order, this is in effect until you, the victim, request to vacate the order.

Potential conditions of a restraining order

The judge outlines numerous conditions the alleged abuser must follow. Examples include the defendant:

  • May not visit or contact the victim
  • Must vacate the shared residence
  • Must stay away from the children and may have to pay child support
  • Must complete alcohol abuse program or attend counseling sessions
  • Must give up firearms and other weapons

Penalties for violating the order

If the defendant violates any section of the order, the defendant will face arrest and a criminal charge. If the violations relate to parenting or financial issues, the family court gets involved.