If you need a restraining order to protect yourself in New Jersey, we can help. You can apply for a restraining order that can be granted by a New Jersey judge, but the process requires particular proof and evidence. Not only that, you will be expected to follow the rules of evidence just like a lawyer if you try to do it yourself. With the help of an experienced restraining order lawyer, you can make sure your case is made in compliance with the rules, and with the best chance of success.
If you need a temporary or final restraining order in New Jersey, you need an experienced New Jersey restraining order attorney to help protect you and your family.
New Jersey Temporary and Final Restraining Order Attorney
With many years of experience working in different roles in the New Jersey justice system, Joseph Lento is a uniquely qualified New Jersey attorney with a comprehensive knowledge of how the criminal justice system works, from start to finish.
If you need a restraining order to protect you and your family in New Jersey and need a comprehensive, customized petition, contact the attorneys at the Lento Law Firm. Joseph Lento built his practice on the ideals of customer service and justice and he will fight for your rights and safety. Call (215) 535-5353 today to schedule your free consultation and discover what Joseph Lento can do to help protect you.
Protection Orders in New Jersey
Restraining orders, also commonly referred to as "protection orders," are designed to protect individuals and families from continued domestic violence. Protection orders are designed to protect against domestic violence by:
- A current or former spouse, or other current or former member of a household
- A current of former individual who someone has had a romantic or dating relationship with
- Someone they have had a child with or will soon have (if pregnant)
Those in a domestic relationship with the victim can be the subject of the protection order, meaning the New Jersey court will prohibit him or her from doing certain things as a result of the restraining order.
What is Domestic Violence?
A protection order requires that you were the victim of a "predicate act of domestic violence." This is the case if you have suffered any of the following crimes perpetrated by a qualifying individual:
- Terroristic Threats
- Sexual Assault
- Criminal Restraint
- False Imprisonment
- Criminal Sexual Contact
- Criminal Mischief
- Criminal Trespass
- Criminal Coercion
- Contempt of a domestic violence order that constitutes a crime or disorderly persons offense
- Cyber harassment
- Any other type of crime that involves the risk of death or serious bodily injury to a person who is protected under the "Prevention of Domestic Violence Act of 1991"
A person moving for a restraining order can allege one or multiple instances of domestic violence as the "predicate act of violence." Your attorney can help you to determine what acts constitute the appropriate domestic violence, and help you to prove your case.
Sexual Assault Restraining Order
In 2015, the New Jersey legislature passed the Sexual Assault Survivor Protection Act (SASPA). This allows victims of sexual assault to obtain a sexual assault protection order from a court in a similar manner to how victims of domestic violence had been able to do. Those who are eligible include victims of sexual contact that is not consensual, sexual penetration, or lewdness.
This better grants protection to individuals who have suffered some form of sexual assault at the hand of a domestic partner.
Proving a History of Violence
The second element you and your attorney must prove is that there is a history of domestic violence, not just the most recent "predicate act." This is important because the purpose of the restraining order is to prevent future acts of domestic violence, so one instance of its occurrence is not usually enough.
This can include incidents of domestic violence that were charged, were reported but went uncharged, or even acts of domestic violence that you never reported in the past. The judge will consider all of your testimony, as well as the testimony of other witnesses, including kids(depending on the circumstances), bystanders, family members, or other eye-witnesses.
It is important to establish the "pattern" of domestic violence in order to show that future domestic violence against you or your family is likely. When that can be demonstrated, the judge is far more likely to grant your request.
What a Restraining Order Can Do
There are both temporary and final restraining orders. What order is appropriate for you, is best determined with the help of an experienced attorney.
In either case, the terms of a restraining order can help keep you and your family safe from harm. The terms of a restraining order may include:
- The alleged perpetrator is prohibited from coming in contact with the alleged victim and visiting any locations stated in the order
- The alleged perpetrator may be prohibited from possessing weapons
- Communication may not be made over the phone, in writing, or initiated by another party on their behalf
- In cases involved with domestic violence, the court may specify provisions regarding child custody
- In cases of domestic violence, the court may require that medical expenses be paid if they are the result of the alleged perpetrator
- In cases such as with domestic violence, the alleged perpetrator may be permitted to retrieve their belongings and promptly vacate the premises.
- Temporary restraining orders are applicable throughout the state
Consult a New Jersey Temporary & Permanent Restraining Order Attorney
If you or someone you care about needs protection from domestic violence through a temporary or final restraining order in New Jersey, an experienced New Jersey restraining order attorney can fight to help keep you safe. Joseph D. Lento has the years of experience necessary to protect your rights. He will analyze your case and tailor a case to fit your specific needs.
Call (888) 535-3686 or contact us online today to schedule a consultation of your case.