How a Restraining Order Works in New Jersey

restraining-order-documentWhen a person feels like he or she is being physically, verbally, or mentally abused by another person, life can be miserable. Depending on the severity of the abuse, it may be worth exploring the option of getting a restraining order against him or her.

Most times, a restraining order is sought against a spouse or significant other (i.e. a domestic violence retraining order). However, sometimes, your employer can help you get a restraining order against a hostile co-worker.

Similarly, in the criminal setting, you might be able to obtain a restraining order against the one who injured you (i.e. the one who assaulted you, robbed you, stalked you, etc.)

How Does a Restraining Order Work?

After you go through the process of obtaining a restraining order in New Jersey, that document will be like a shield protecting you from coming into contact with your abuser.

The judge who issues the restraining order will be able to put parameters around how little or how much and what type of contact gets prohibited. For example, the restraining order can broadly prohibit any kind of contact whether in-person, telephonic, or virtual. It can also be more specific to only prohibit the abuser from coming within a set radius of your physical person.

In many cases a restraining order works in the following way:

  • First, you are issued the restraining order by a judge after demonstrating a need for one.
  • Second, the abuser is notified of what the order prohibits.
  • Third, the abuser violates the order by doing one or more things your restraining order prohibits.
  • Fourth, the abuser is arrested and charged with violating the restraining order.
  • Fifth, the abuser (if convicted) can go to jail and/or be forced to pay a fine for each violation of the restraining order. 

Remember to keep your restraining order with you at all times. If your abuser violates it, call the police immediately and tell them it is an emergency. When the police arrive, show them your restraining order and request that they arrest your abuser. In serious cases, they will almost definitely arrest the abuser. However, depending on the officer and the surrounding circumstances, the abuser may simply get a warning and be told not to come into contact with you again.

Nevertheless, if you feel threatened by your abuser, tell this to the officer who arrives on the scene and calmly explain that this was the very thing your restraining order was designed to prohibit. Your phone call coupled with saying this should be enough to have the officer arrest the individual for being in violation of the restraining order.

Who Should You Contact?

If you or a loved one needs legal assistance when it comes to restraining orders in New Jersey, contact Adam H. Rosenblum of The Rosenblum Law Firm today. Mr. Rosenblum has helped people in similar situations and will fight to get you the results you want. Call him today at 888-815-3649.

 

4 thoughts on “How a Restraining Order Works in New Jersey

  1. Qiana

    I’m wondering if its a good idea to file a restraining order against one of my child’s fathers wives. She came to my home and called the cops when I wouldn’t release my child to her

    Reply
  2. Christopher

    I’ve had a restraining order placed without merit by my son’s mother. I do not have any contact with her, yet she still constantly harrasses me via text message and shows up to my son’s soccer practices/games during my visitation time. This has been happening for over a year and i can’t get the courts to listen to my case.

    What do I do?

    Reply
  3. Cindy

    How difficult is it to get a restraining order? Are text messages sent to me from my 26 year old son that are threatening, evidence enough?
    He is trying to extort money from us- demand that we let him live with us- has no job- is verbally abusive and last month we had to call the police and he was arrested and found guilty of domestic violence. We declined the restraining order at the time because he said he was leaving the country. He is now sending us messgs saying he is coming back and will “finish what he started”
    HELP!?

    Reply
  4. Cindy

    Why is it within the discretion of the police and not the court?
    When we declined the restraining order a month ago- the police said we could decide to file it at any time based on the circumstances by just showing up at the courthouse- the officer however said it may or may NOT be granted?

    Reply

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