If you are a victim of domestic violence in New Jersey, it is important for you to hire a domestic violence attorney to make sure your rights are protected. If you are being accused of an act of domestic violence, it is equally important for you to be represented by a family lawyer to protect your interests. We are experienced family attorneys who can help you. Contact a compassionate and experienced Atlantic County domestic violence lawyer from the Law Office of Stephanie Albrecht-Pedrick, LLC today.

New Jersey Domestic Violence Laws

The New Jersey Prevention of Domestic Violence Act offers protection against domestic violence and domestic violence for persons over the age of 18 who are experiencing domestic violence by:

A spouse or a former spouse;
A current or a former household member;
A current or a former dating partner; or
A biological or an adoptive co-parent, including a prospective co-parent if either party is pregnant.

The law protects against violent acts, including:

Assault
Burglary
Criminal restraint
Criminal sexual contact
Criminal trespass
False imprisonment
Harassment
Kidnapping
Sexual assault
Stalking

If you are a victim of domestic violence, it is important that you notify the authorities right away. The longer you wait to report an incident, the harder it will be for you to receive protection, such as a restraining order, from the courts in New Jersey.

While many times allegations of domestic violence are justified, sometimes a party makes an allegation to gain an advantage in a divorce or custody proceeding. If you’ve been accused of domestic violence in New Jersey, it is important to be represented by a domestic violence lawyer.

How to Get a Restraining Order in New Jersey

If you are the victim of domestic violence, one of the most important forms of protection available to you under New Jersey law is a restraining order. A restraining order can help protect you from further harm, prevent contact from the alleged abuser, and provide other important relief depending on the circumstances of your case. Although the process of obtaining a restraining order in New Jersey is designed to move quickly, it can still feel overwhelming, especially during an already stressful and emotional time. In general, the process works as follows:

Report the Domestic Violence and Seek Immediate Help: If you are in immediate danger, you should call the police right away. In many cases, the police can respond to the scene, investigate what happened, and help you begin the process of seeking protection. If the incident does not happen during normal court hours, you may still be able to request emergency relief through your local police department, which can connect you with a judge.
File a Domestic Violence Complaint: To obtain a restraining order, you must first file a domestic violence complaint. This is typically done at the Family Division of the Superior Court in the county where you live, where the alleged abuser lives, or where the domestic violence took place. In your complaint, you will need to explain what happened and identify the acts of domestic violence that you are alleging. It is important to be as clear and detailed as possible.
Request a Temporary Restraining Order: After your complaint is filed, a judge may review your allegations and decide whether to issue a Temporary Restraining Order, also known as a TRO. A TRO is intended to provide immediate protection until the court can hold a final hearing. Depending on the facts of your case, a temporary restraining order may prohibit the other party from contacting you, returning to your home, or having any further communication with you or your children.
Serve the Other Party With Notice of the Hearing: Once a temporary restraining order is issued, the other party must be served with the complaint, the temporary order, and notice of the final hearing date. This is an important step because the court cannot enter a final restraining order unless the other party has proper notice and an opportunity to appear in court.
Attend the Final Restraining Order Hearing: After a TRO is entered, the court will schedule a hearing to determine whether a Final Restraining Order, also known as an FRO, should be issued. At that hearing, both sides will have the opportunity to present testimony, evidence, witnesses, and other information to support their positions. Because the outcome of this hearing can have a serious impact on your safety, your parental rights, and your future, it is important to have an experienced domestic violence lawyer represent you.
The Judge Decides Whether Final Protection Is Necessary: At the conclusion of the hearing, the judge will decide whether the legal standard for a final restraining order has been met. If the judge grants the request, the final restraining order may include ongoing restraints, no-contact provisions, custody-related relief, and other protections allowed under New Jersey law. If the request is denied, the temporary restraining order will be dismissed.

Contact a Domestic Violence Lawyer in Atlantic County, New Jersey

Relief in the form of a restraining order can provide the safety and security you and your family need. We can help you to quickly obtain legal protection and assist you with child custody and child support matters as well. Likewise, because domestic violence will affect child custody and visitation, if you have been falsely accused of violence in the home, you need to take immediate action to protect your rights. Contact an Atlantic County domestic violence lawyer from the Law Office of Stephanie Albrecht-Pedrick, LLC today for a consultation.