Monmouth County Domestic Violence and Restraining Orders Lawyer
Anyone who has dealt with the trauma of domestic violence can attest to its lasting impression. This type of abuse often leads to divorce and other complex family problems, and may lead to legal action against the abusive family member. If you have been the victim of domestic violence, you have the right to take legal action to protect yourself and your loved ones.
The Monmouth County divorce attorneys at the Law Office of Andrew A. Bestafka, Esq. are ready to help you and your family take the steps necessary to put an end to domestic violence or file restraining orders on anyone that is putting you in danger. You don’t have to put up with this type of violent behavior. Contact a member of our compassionate legal team today at (732) 898-2378 for more information.
How We Can Help
Restraining orders are legal restrictions that prevent the abusive party from getting close to you or your children. If you have suffered from any time of domestic violence, you may be interested in utilizing this type of constraint to keep yourself safe. The attorneys at the Law Office of Andrew A. Bestafka, Esq. can help you find detailed information on the following subjects:
Don’t put off legal action because you are unsure of your rights. Contact a lawyer today to get the information you need to protect yourself and your children.
The attorneys of the Law Office of Andrew A. Bestafka, Esq., are available at (732) 898-2378 to help domestic violence victims and those in need of restraining orders. Contact us today to schedule a time to meet with a knowledgeable attorney or get the information you need over the phone.
Domestic Violence and Restraining Orders FAQs
Can I file a restraining order against my spouse if we are still married?
Yes. Domestic violence restraining orders are made to protect victims who have been abused by any household member, a person they have dated or are dating, and/or someone they have children with or are pregnant by, and this includes spouses, regardless of whether you are currently married. Additionally, these restraining orders have provisions to specifically help and protect individuals in bad marital situations, such as giving you exclusive possession of the home your share, granting you temporary or permanent custody of any children you have together or who live in the house with you, and preventing your abuser from possessing any firearms and other dangerous weapons. If you are currently in an abusive situation and need help, please contact one of our qualified and compassionate Monmouth County restraining order attorneys from Law Office of Andrew A. Bestafka, Esq..
What is the difference between a temporary restraining order and a final restraining order?
A temporary restraining order can be immediately granted after you file for a restraining order if there is an immediate danger to your health or safety. The order lasts until the court hearing for the final restraining order, which usually occurs within 10 days of the order being filed. A temporary restraining order can immediately give you temporary custody of any children you have together and allows you to take sole possession of the home you share—vital protections in domestic violence cases. After the final restraining order is granted, additional provisions such as ordering the abuser to attend domestic violence counseling, ordering no contact in any form, including phone calls and in writing, and prohibiting the abuser from purchasing and owning firearms can be added to the order. Final restraining orders have no express end date.
What do I have to prove to get a final restraining order?
In order to obtain a final restraining order in New Jersey, you must prove two things to the judge during your court hearing. The first proof is that the domestic violence that the temporary restraining order is based in actually happened and the second is that there is an ongoing need for protection from your abuser. To show that you need ongoing protection, you can cite instances of previous abuse and violence to show a trend in dangerous behavior that needs to be stopped. If you are currently in an abusive situation and need help, please contact one of Law Office of Andrew A. Bestafka, Esq.’s qualified and compassionate Monmouth County restraining order attorneys.