Are you currently in an unhealthy or hostile relationship? Have you been subject to domestic violence? Are you being stalked or harassed by someone? If you are scared and constantly looking over your shoulder, New Jersey has a tool for your protection. It’s called a restraining order. Filing a petition for a restraining order in Ocean County is straightforward. However, keeping that restraining order in place indefinitely may be difficult. When seeking a restraining order, also known as an order of protection, the Ocean County Superior Court requires that their strict procedure be followed, which includes first filling for what is known as a temporary restraining order.
If you, your friend or someone in your family need a restraining order, do not hesitate. Please, do not hesitate to contact our office at 848-238-2100 if you have any questions about the process of obtaining an order of protection. Our office not only helps victims of domestic violence obtain a final restraining order but we also defend those accused of domestic violence at final restraining order hearings as well. Allow us to help right any wrongs that you are suffering.
Domestic Violence Protections in Ocean County, NJ
The first step in obtaining a restraining order requires that the victim file a complaint for a restraining order. Unless law enforcement was involved in an underlying incident, this typically must be filed individually at the Ocean County Superior Court – Family Division. Moreover, for non-Ocean County residents, is typically be filed in the superior court of county where you reside. For those incidents that occur late at night (after court hours) or involve a police response at your home, the victim may file the initial complaint with the local police department. This is very common.
What is a Restraining Order Complaint
For the court to enter a temporary restraining order, their must first be evidence of an underlying act of “domestic violence” in complaint. The documents will request that you provide, in as much detail as possible, the exact circumstances and events that occurred. Some of the common underlying acts are simple assault, aggravated assault, sexual assault, stalking, terroristic threats and harassment. Additionally, the court will want to make know if there was any history of domestic violence beyond this one incident. The complaint document will require that you list any and all prior acts of domestic violence involving this same individual. After you have filed the complaint, the Court will require that you, as the victim, appear before a Judge to determine the if the complaint qualifies for an entry of a temporary restraining order against the defendant.
What Happens After a Temporary Restraining Order is Issued?
Once a temporary restraining order (TRO) is entered into by the judge, the court will serve the defendant with a copy of the order. This is typically handled by the local police department or the Ocean County Sheriff’s Department. You may be able to deduce from its name that temporary restraining order is just that, temporary. A formal hearing will be schedule by the court (typically within 10 days of the order) for the two parties to present their arguments and witnesses before the judge.
What Happens at Final Restraining Order Hearing?
Once a firm date for the hearing is decided, both parties will have an opportunity to exchange discovery and witness lists. At the actual hearing itself, the judge will allow each party to present testimony, evidence and examine witnesses. Depending on the persuasiveness of the testimony heard, the judge will either find in favor of the victim and grant a final restraining order or find in favor of the defendant and remove the temporary restraining order altogether. These hearing can become very personal and bring up a great deal of emotion. It is for this reason that we recommend you hire an attorney to help you present your case in a clear and concise manner. Do not let your emotions hinder your ability to prove or disprove certain facts. Call 848-238-2100 today and speak with a qualified restraining order attorney about your options.
Jackson NJ Restraining Order Hearing Lawyer
Our law firm handles restraining orders, whether it be defending the accused or representing the victim. While obtaining a restraining order may be simple, the actual hearing can be rife with legal complications and evidentiary issues. To ensure that you receive the outcome you deserve, contact our Point Pleasant office today at 848-238-2100. Restraining Orders are permanent. Make sure that you are not saddled with a restrictive court order because you failed to act cautiously in handling your restraining order hearing. We will sit down with you and provide our analysis of the strengths and weaknesses of your case during the initial consultation. Our office serves all of Ocean County, including towns like Toms River, Brick, Jackson, Lakewood, Stafford, Point Pleasant, Berkeley and Barnegat (just to name a few). If you would like to speak to one of our attorneys today about your options then please contact us at 848-238-2100 or email us.