Temporary Restraining Order Requirements In Middlesex
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If the judge decides that there was abuse and that there is also a credible threat to the plaintiff's safety, a final order of protection will be granted and will last for up to one year.
The specific elements you need to prove to get a restraining order vary from state to state, but in general, you need to show: A specific instance or instances of abuse or harassment (such as sexual assault by an intimate partner) The threat of violence or of further abusive behavior or harassment.
A temporary restraining order may be issued with or without notice, based on a declaration that, to the satisfaction of the court, shows reasonable proof of harassment of the petitioner by the respondent, and that great or irreparable harm would result to the petitioner.
After the hearing, a judge can issue a protective order that lasts up to 18 months, and can later be renewed after a hearing in front of a judge. The parts of the protective order that tell the abuser to not abuse, harass, or interfere with you can last forever.
If the judge or referee believes you have adequately established the elements of a restraining order (more on that below), it can issue a temporary restraining order. If the order is issued without notifying the other person, it's called an ex parte order.
Basically, the victim has to show that it is "more likely than not" that the defendant did what has been accused. The hearing is a full evidentiary hearing, with testimony, photos, proof of phone calls and text messages.
In addition, you must establish the requisite proofs for a Judge to enter a TRO. Specifically, that a predicate act of domestic violence occurred, that there is a prior history of domestic violence between the parties, and that you are reasonable to be in fear of the defendant and need the protection of the court.
What evidence do you need to prove harassment in New Jersey? Intent to harass is difficult to prove, but you can prove harassment with phone records and text messages. You can also prove harassment by presenting evidence of stalking and public harassment. Witnesses can be key in harassment cases.
Basically, the victim has to show that it is "more likely than not" that the defendant did what has been accused. The hearing is a full evidentiary hearing, with testimony, photos, proof of phone calls and text messages.
