Temporary Restraining Order Sample Without A Lawyer In Middlesex
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Getting a temporary restraining order in NJ is easier to obtain than a final one, as it has a more flexible evidentiary basis, and the judge must simply have a sufficient basis to believe that domestic violence happened.
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.
Restraining orders are civil actions and may be in effect independently of any criminal charges of domestic violence. As such, neither TROs nor FROs are noted on criminal records and do not show up in standard criminal background checks.
Once a temporary restraining order (known as a “TRO”) is issued, it's not so easy to dismiss it. It requires going to court, meeting with a domestic violence counselor, filling out paperwork, and then putting the dismissal on the record in court in front of a judge.
Temporary restraining orders generally only last until the final restraining order hearing, which usually happens within ten days. If the plaintiff doesn't show up for the FRO hearing, the TRO will expire. If the judge issues a FRO, it will not expire.
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.
An emergency protective order can last only five business days or seven calendar days (whichever is shorter). It is supposed to give you time to go to court to ask for a Domestic Violence Restraining Order, which lasts longer.
State to the court that you would like a restraining order and what you would like the court to order. Be as specific as possible. Examples: “I am asking the court to grant me a _____ month/year injunction.” “I want no contact in person, at home, by phone, at work, by mail or through third parties.”
There are three important parts to a final hearing that the plaintiff must show. First is their relationship to the defendant. Second is the conduct that is abuse as defined in our state law. And third, the plaintiff must show the court that the defendant is a credible threat to his or her ongoing safety.
