When a family dynamic becomes too toxic to bear, family members sometimes file restraining orders against one another. When the focus of a restraining order is a relative, there are a few unique questions to consider.
Here are some considerations that emerge when various family members seek protection from one another.
Can a Child Seek a Restraining Order Against a Parent?
The New Jersey Prevention of Domestic Violence Act (PDVA) notes that, in order for a child to get a domestic violence restraining order against their parent, they must be either:
- 18 years or older
- An emancipated minor
Otherwise, a child who feels endangered by a parent may report mistreatment to appropriate authorities. A restraining order against a parent is a weighty step to take but may be necessary.
Can a Parent Seek a Restraining Order Against a Child?
The New Jersey PDVA states that those who are “living together in the same household at present or in the past” may apply for a restraining order. This means that a parent who has lived in the same household as their adult or emancipated child may apply for a restraining order.
Can a Sibling Seek a Restraining Order Against Another Sibling?
So long as both siblings are 18 years of age, or emancipated, then one sibling may apply for a restraining order against another.
Questions to Consider Before Seeking a Restraining Order Against a Family Member
If any family member is considering getting a restraining order against another family member, they might consider questions like:
- Do I rely on that family member in ways that make a restraining order untenable?
- Will I need to live with that family member at any point in the near future?
- How can I ensure that I'm independent of that family member so that I can adhere to the terms of a restraining order?
- Will a restraining order cause significant disruptions among other family members?
- Is a restraining order necessary, or are there suitable, less drastic options available?
In some cases, a restraining order against a family member is the most appropriate step to take. However, you should understand the gravity of a restraining order and consider all of your options before moving forward.
A lawyer can walk you through your choices for self-protection from a family member.
Whenever a Restraining Order Is in Question, You Need an Attorney
Restraining orders are not something to take lightly, whether you're on the issuing or receiving end. Attorney Joseph D. Lento and his team regularly deal with restraining order issues in New Jersey. They can discuss any family conflicts you're dealing with and advise how to request or respond to a restraining order.
Call the Lento Law Firm today at 888-535-3686 to discuss your case or submit your case online.