New Jersey Petition to for Restraining Order due to Domestic Violence

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Multi-State
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US-02223BG
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Description

A restraining order is a court order restricting a person from doing something. It can be temporary or permanent. For example, a court order prohibiting family violence is a restraining order. This type of order is issued most commonly in cases of domestic violence. The court order can prohibit a person from harassing, threatening, and sometimes merely contacting or approaching another specified person. A court may grant an ex parte restraining order in a family-violence case if it is necessary to (1) achieve the government's interest in protecting victims of family violence from further abuse, (2) ensure prompt action where there is an immediate threat of danger, and (3) provide governmental control by ensuring that judges grant such orders only where there is an immediate danger of such abuse.

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FAQ

If a defendant wants the final restraining order lifted, he or she must file a motion with the Superior Court, Family Division. The motion must set forth the reasons the order should be lifted.

The judge will hear testimony from both parties. The judge will decide whether an act of domestic violence occurred, whether a final restraining order (FRO) should be issued and if so, what types of relief will be granted.

A victim of domestic violence in New Jersey can seek a restraining order from a court to prohibit contact by the alleged offender. A temporary order can be obtained based solely on the victim's statement and without giving notice to the other person.

If the plaintiff wishes to reconcile with the defendant, the plaintiff must appear before a judge in the Family Division of Superior Court to request a dismissal. Contact between the plaintiff and defendant in advance of a court order subjects the defendant to criminal prosecution.

The FO docket. is for Domestic Violence Contempt Actions. This action is initiated when. defendant on restraining order violates any of the provisions contained. within the active restraining order.

If the abuser does not appear at the hearing, the judge will either continue the temporary order in effect until the abuser can be brought into court, or will enter a final order if there is proof that the abuser was served with the T.R.O/ Notice to Appear. The sheriff or police should have proof of service.

Restraining orders in New Jersey are permanent and never expire. However, because they are a civil matter and not criminal, an expungement is not the proper motion that needs to be filed to have it removed. As a result, you must file a Carfagno motion under the Carfagno v.

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New Jersey Petition to for Restraining Order due to Domestic Violence