What premises are necessary to file a restraining order in NJ?
Alot of potential clients contact our firm asking if they have a reasonable premise to file a domestic violence restraining order in New Jersey. To obtain a provisional restraining order in New Jersey, you must be able to prove or show the following:
- Instance of domestic violence has happened
This could include any type of harassment, stalking, or violent threats etc. To substantiate any grounds for a temporary restraining order you must have one of the enumerated acts in order to be granted a temporary restraining order. These acts must have happened recently to be able to file for the emanating benefits that a temporary restraining order will facilitate. The logic is if domestic violence has happened it is better to file the order immediately, rather than waiting a week or two…
- History of domestic violence
In most instances it may also require a showing of a prior history of domestic violence over and above the act of domestic violence that has been mentioned above. In certain cases,if the predicate act of domestic violence is horrendous, then no showing of a prior history of DV will be necessary to obtain a restraining order.
- The victim desperately needs the restraining order in order to preserve their safety
You must be able to show the judge that you need the restraining order to protect your safety and well-being. A reasonable person in this situation would be in fear of the defendant and would need the protection of the court system to feel safe.
If you can demonstrate all three of the above factors, then you have grounds to obtain a restraining order in New Jersey.. However, you must also have standing to obtain a restraining order as well. Standing means that you are a protected party under the prevention of domestic violence act. To have standing to be able to file a restraining order in NJ, one of the following must apply to you:
You and the defendant were in a dating relationship at some point
You and the defendant resided together at some point
You and the defendant have a child together
If any of those scenarios apply to you, then you have standing to apply for a temporary restraining order (TRO). You can do so by going to your local police department or to the Superior Court in the county in which you reside. Contact a Monmouth County Domestic Violence and Divorce Lawyer… Contact our law office in Freehold for domestic violence representation in Monmouth County, Middlesex County, Ocean county and beyond!