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Domestic Violence & Restraining Orders

Domestic Violencerestraining order

The New Jersey Domestic Violence Statute (N.J.S.A. 2C:25-17 et seq.) offers protection against domestic violence and domestic abuse.

It applies to anyone over the age of 18 who experiences domestic abuse by any of the following individuals:

  • A spouse or former spouse
  • A current or former household member (i.e., an adult child)
  • A current or former dating partner
  • A biological or adoptive co-parent, including a prospective co-parent if either party is pregnant.

New Jersey defines Domestic Violence as the commission of one or more of the follow acts as they are defined by law:

  • Homicide
  • Assault
  • Terroristic threats
  • Kidnapping
  • Criminal restraint
  • False imprisonment
  • Sexual Assault
  • Criminal Sexual Contact
  • Criminal Coercion
  • Lewdness
  • Robbery
  • Criminal Mischief
  • Burglary
  • Criminal Trespass
  • Harassment
  • Stalking
  • Cyber Harassment
  • Crimes involving risk of death or serious bodily injury to anyone protected under the Prevention of Domestic Violence Act 1991
  • Contempt of a Restraining Order

A person who believes themselves to be a victim of domestic violence can apply for a Temporary Restraining Order at either the Courthouse of the county in which they reside or, if the Courthouse is closed, then at their police station.

The other party is not present at this initial hearing. If the Court finds that a Temporary Restraining Order (“TRO”) should be entered, then the Order is issued and served on the other party by a police officer.

At the time that TRO is issued, another hearing is scheduled for the Court to determine whether a Final Restraining Order should be issued.

At the hearing on the Final Restraining Order, both sides present testimony, witnesses, and evidence and the Court makes a final determination.

If the determination is to enter a Final Restraining Order, then other issues are also addressed at that time such as temporary child custody, temporary child support, temporary spousal support, whether or not there will be parenting time between the children and the person found to have committed domestic violence, counsel fees for the person found to be the victim and other issues.

In some cases, the parties may elect to sign a Consent Order containing civil restraints rather than proceed with the Final Restraining Order hearing. This is a resolution that is not appropriate in all domestic violence cases but may be appropriate in others. It is important to consult with experienced legal counsel when making a decision regarding entering into a Consent Order for civil restraints or seeking a Final Restraining Order from the Court.

Marlton Family Law Attorneys at Goldstein & Mignogna, P.A. Have the Experience to Help You Through Various, Complex Family Law Issues

Family law issues can be difficult and emotional, but our Marlton family law attorneys at Goldstein & Mignogna, P.A. are on your side and will protect your rights against domestic violence. Call us at 856-890-9400 or contact us online to schedule an initial consultation today and to learn more about how we can help you. Located in Marlton, New Jersey, we serve clients throughout South Jersey, including Burlington County, Camden County, and Gloucester County.