Three Things You Should Know About Restraining Orders
Domestic violence is a heinous crime with lasting, traumatizing impacts on the victim. The physical and emotional impact oftentimes makes a restraining order a completely necessary course of action. While this step can be difficult to take, your safety is paramount. In the state of New Jersey, a restraining order prohibits one party from contacting or communicating with another. The order, issued by the court, is legally enforceable by the police and justice system. If you have been the victim of domestic violence and are interested in getting a restraining order, you should know several things.
A trained legal professional can support and guide you through the process of taking out a restraining order. At Law Office of Andrew A. Bestafka, Esq. we have decades of combined legal experience defending individuals from abusive spouses. Here are three important pieces of information you should know about restraining orders:
1: Temporary VS. Final Restraining Orders
Temporary restraining orders are often used to quickly defuse a domestically abusive situation. Within ten days of a temporary order, a judge will hold a hearing to determine if a final restraining order is called for. The burden of proof in these hearings is lower than criminal proceedings and often relies on documents and witnesses. Once all testimony has been heard, the judge will make a ruling based on their assessment of the situation.
2: Factors Considered In a Final Restraining Order
The judge considers three factors in their decision regarding a final restraining order. They are: (1) Whether the order is necessary to ensure the victim’s safety; (2) Whether an act of domestic violence has occurred; and (3) Whether there is a history of domestic violence. “Domestic Violence” itself can take the form of a variety of different criminal acts. These include assault, stalking, harassment, and many others.
3: What if the restraining order is violated?
Each restraining order has unique terms agreed to by both parties. When the judge ultimately sets these terms, they are legally binding. Violating a restraining order is, in itself, a criminal act. Oftentimes the violator faces jail time and a blemish on their permanent record.
Contact a New Jersey Divorce Attorney Today
Domestic abuse cases are extremely painful and require empathy and care. At Law Office of Andrew A. Bestafka, Esq. our professional legal representatives understand the delicacy required in these matters. Contact us today at (732) 898-2378 for a free consultation.