Understanding How Restraining Orders Work
As is often the case — in New Jersey and elsewhere — family law and domestic violence disputes can get quite messy under certain circumstances, and they may involve a great deal of emotional baggage. For example, if your spouse harbors sufficient animosity against you for wanting a divorce, they might make a false domestic violence claim and attempt to obtain a restraining order to prevent you from communicating with your spouse entirely, from living in your own home, and even from meeting with your children.
Final restraining orders can have a significant negative impact on the lives of those who are falsely accused or who have otherwise had claims against them exaggerated or manipulated. Given the high-stakes nature of a final restraining order issuance, it is important that you seek the assistance of a qualified restraining order and domestic violence lawyer who understands how to engage with the system and counter the order.
Here at Nitti & Nitti, P.C., we have extensive experience helping clients who are subject to (or who may soon be subject to) a restraining order. Contact our experienced Irvington restraining order and divorce lawyers today to arrange for a free and confidential consultation. You can call us at 973-852-3041.
Restraining Order Basics In West Orange, New Jersey
Restraining orders are civil orders, issued by a judge, that preclude a party from engaging in certain specified behaviors. Both temporary and final restraining orders are quite common in domestic violence situations in New Jersey. For example, if your spouse has reason to believe that you intend to physically harm her — perhaps you threatened to hit her — then she would be entitled under New Jersey law to seek a restraining order.
The terms of the restraining order can vary significantly, depending on the circumstances of the case. In some cases, you may be prevented from contacting the victim at all; in other cases, you may have the right to communicate with the victim over the phone or perhaps via email but not in person. Some restraining orders may limit your right to travel, or your right to socialize. Violation of a restraining order can also give rise to significant penalties, both civil and criminal — you could lose your right to carry a firearm, for example, or even lose certain child custody and visitation rights.
Temporary And Final Restraining Orders In Livingston Divorce Cases
There are two primary restraining order categories: temporary and final.
Temporary restraining orders are either approved or rejected after a judge hears the allegations of the victim (relating to the charges at issue). Generally speaking, these TROs last for just 10 days maximum — though extensions may be available, depending on the circumstances — whereupon a hearing will be held on whether to upgrade the temporary restraining order to a final, permanent restraining order. The final restraining order will continue to impose restrictions on you until and unless you later obtain a termination of such order from a court.
Final restraining orders (FROs) cannot be issued without the judge having decided that the victim has suffered some act of domestic violence (that caused the victim to fear for their safety and welfare), which may include the following:
- False imprisonment
- Sexual assault
- Terroristic threats
- Criminal mischief
- Criminal trespass
- And more
Contact Us For A Free Consultation
If someone is attempting to obtain a final restraining order against you with adequate justification — whether it is due to a simple misunderstanding, or because of something more malicious, such as to prevent you from having a normal relationship with your children (out of spite) — then you may be entitled to argue against the issuance of the restraining order.
Here at Nitti & Nitti, P.C., we have over three decades of experience handling both family law and restraining order defense matters in New Jersey. As such, we are well-equipped to assist those who are being targeted unfairly by a restraining order. Given the sensitive nature of such disputes, it is our belief that a compassionate, transparent and understanding attorney-client relationship is critical to effectively moving forward and securing a favorable result. We strive to keep clients apprised of case developments, and we work closely with clients throughout the process so that all relevant information is made available.
Interested in speaking to an experienced Irvington restraining order defense lawyer for an evaluation of your case? Call 973-852-3041 or fill out an online contact form to schedule a free and confidential consultation with one of the lawyers here at Nitti & Nitti, P.C.. We look forward to helping you.