A restraining order is a court order signed by a judge telling a defendant
to have no further contact with the plaintiff, or victim, either in person,
by phone, electronic devices, or mail.
A temporary order is issued ex parte (meaning on the plaintiff's sworn
testimony only). A final hearing will be held within ten days to give
the accused the opportunity to defend her or himself.
Some of the reliefs you may be granted with your restraining order are
as follows:
exclusive possession of your residence
temporary custody of your children & child
visitation schedule
emergency child support & roof
(living/ housing) expenses
You would qualify for a restraining order if you have been the target
of domestic violence* and the following two conditions apply:
you have shared one of the following
relationships with the accused: dating, residing together, married,
divorced or have had children together.
the accused is 18 years of age or older (unless
you have a child in common).
If your request for a restraining order is denied, you may still obtain
relief and protection through the criminal code.
A judge will decide if there is jurisdiction to grant you a
restraining order, after questioning you about your relationship with
the accused and considering all the facts. Remember, if you are
afraid or believe you are in danger, you should not hesitate to ask for
protection.
*Domestic Violence is a pattern of behavior in which one person
uses a variety of tactics, both physical and emotional, to gain and maintain
power and control over his/her partner. Under the law , the following
is considered domestic violence:
• harassment
• assault
• terroristic threats
• kidnapping
• criminal mischief
• lewdness
• false imprisonment
• sexual assault
• criminal trespass
• burglary
• criminal restraint
• stalking
• criminal sexual contact
• homicide
Where Do You Apply For A Restraining Order?
• Weekdays, 8:30 am - 3:30 pm , at the family reception
office in the east wing basement of the Monmouth County Courthouse in
Freehold, N.J.
• After 3:30 pm Weekdays, Weekends & Holidays ,
contact any NJ police department & request that they call a municipal
court judge to take testimony over the phone.
When the temporary restraining order is issued, you will be given a
date and time to return to the court for a final hearing. The defendant
will be given notice to appear at that time.
What If I Have Never Been Hit Or Beaten?
Domestic violence is a crime that encompasses more than physical abuse
under the law-it includes emotional, mental, and sexual abuse as well.
All too often, victims of domestic violence will minimize the emotional/mental
abuse that they have suffered and are not aware that they are entitled
to help from the courts, police, and counseling centers. You may be granted
a restraining order under the law for the emotional/mental abuse you
have endured if it includes:
• Harassment : shoving, pushing, or other offensive
touching. Name calling and/or language used to alarm, offend, or annoy.
Purposely intimidating behavior to instill fear or alarm.
• Criminal Mischief : damaging, breaking, or
destroying personal property or purposely or recklessly causing damage
to property to endanger another person
• Terroristic Threats :threats of physical
violence or death with the intention of causing fear and/or dictating
the victim's behavior.
When Does The Restraining Order
Take Effect?
Until
a defendant is "served," the restraining order is not enforceable, meaning
that the defendant cannot be held accountable for violating (or disobeying)
the order.
Local law enforcement is responsible for service. Never attempt to serve
the defendant yourself. When the defendant receives the restraining order,
they will know what your allegations against them are, and they will
know what restrictions have been placed on them. The date and time of
the final hearing will also be on the order.
Once service has been "effected," that is the defendant has received
the order, the defendant can be arrested and charged with a crime
for any contact with you.
Do I Need To Bring Anything With Me To
The Final Hearing?
Bring any documentation you have regarding the domestic violence incident.
Eyewitnesses to the event must come
in person. Written or taped testimony is not admissible.
Admissible evidence includes: Any
letters, answering machine tapes, voice mail recordings, cards, emails,
photographs of injuries or property damage
You may ask to be compensated for
any medical expenses or property damage you incurred.
The Family Court Liaison Program
provides technical assistance, system advocacy, and
emotional support to help victims of domestic violence through the
legal system.
Our specially trained staff, located in the Monmouth County Courthouse
in Freehold, can provide you with information regarding your legal rights
and options including temporary restraining orders, domestic violence
specific counseling, and crisis intervention. Social service information
and referral and criminal justice advocacy can also be provided. All
services provided by the staff are confidential and free.
Call the Family Court Liaison Program at
the Monmouth County Courthouse Freehold, New Jersey at 732-677-4332
or 732-677-4345.
Domestic Violence
1.888.843.9262
Sexual Assault 1.888.264.Rape
(7273)
TTY# 1.732.264.3089
Youth Helpline 2ndFloor 1.888.222.2228 24 hours a day -
7 days a week
