Protective Orders in Monmouth County

Protect Yourself From Domestic Violence Via A Restraining Order

A restraining order is an order issued by the court to protect a victim of domestic violence. Whoever the order is filed against cannot come into contact or communicate with the victim; if the person who has a restraining order against them violates the protective order, they can be charged with a criminal offense. It is important to remember that a restraining order cannot place a person in jail—it can only protect the individual, and in some cases, their minor children, from abusive behavior by another individual.

If you are a victim of domestic violence and wish to protect yourself from your abuser, call The Law Office of Darren C. O'Toole, LLC today. Our legal team has more than five decades of combined experience and can help ensure you are protected from your abuser. We can also assist you during your divorce or separation process if you wish to permanently terminate your relationship with said abuser. We understand you may be scared, which is why we go above and beyond to ensure you receive the protective order you need to feel safe once again.

Contact our trusted protective orders lawyer in Monmouth County at (732) 455-9000 to schedule a free consultation.

Types of New Jersey Protective Orders

New Jersey has two types of restraining orders: a temporary restraining order and a final restraining order. Both are designed to protect domestic violence victims, not punish the person being accused. However, when a person files a restraining order against another individual, it may seem like a punishment because it can negatively affect the accused person's future. When a person has a restraining order filed against them, it can be seen on their permanent record. This means all current and future employers can see said protective order. It can also prohibit a person from owning a firearm.

Because of these serious and long-lasting consequences, it is wise for both victims and those accused to speak with a restraining order attorney Monmouth County residents can turn to for guidance. Our team can explain how temporary and final orders are handled in New Jersey family courts, how they may affect your employment, housing, and gun rights, and what to expect when your case is scheduled in the Monmouth County Superior Court, Family Division.

TEMPORARY RESTRAINING ORDERS

A temporary restraining order is issued to provide an abuse victim with temporary protection. It does not require as much evidence needed to file a final restraining order. To issue a temporary restraining order, a judge must have a sufficient amount of proof to believe domestic violence has occurred.
After a temporary restraining order is issued, a hearing will be held within ten days by the Superior Court judge in the Family Division to establish whether or not the temporary restraining order should become final. Ideally, you have legal representation at this time to help you pursue the best possible outcome.

At this early stage, an experienced protective orders lawyer Monmouth County victims and families trust can help you prepare your testimony, organize your evidence, and understand how the judge will evaluate your request for protection. We can also help you think through related issues, such as where you will live, how you will handle school and exchanges for children, and what you should do if the other party tries to contact you before the hearing.

FINAL RESTRAINING ORDER

At the trial of a formal restraining order, the victim must testify about the incident that caused them to file a temporary restraining order. Witnesses may be present at the hearing to provide further proof of said abuse.

Evidence can also be used during this trial, including:

• Text messages
• Emails
• Voice mail messages
• Pictures

The defendant is then allowed to dispute said claims made by the victim and present their own evidence. Once all testimonies have been heard, the judge must decide whether a final restraining order is necessary.

How Can I Prove Domestic Abuse?

Proving domestic violence can be challenging, as there are often no witnesses present at the time of the alleged abuse. Many cases result in "he said / she said" allegations—meaning the judge must take all testimonies and evidence into account and honor the most believable party.

When determining if a final restraining order should be granted, the judge must ensure the following factors exist:

Working With Our Firm On Your Case

When you contact our office about a potential restraining order, we begin by listening carefully to what has happened and what your immediate concerns are. We then explain how the New Jersey Prevention of Domestic Violence Act applies to your situation and what options may be available, including filing for a temporary restraining order at the family intake office or local municipal court. For many people in Monmouth County, just understanding the basic process at the Monmouth County Superior Court and what will happen at the first hearing can reduce some of the fear they feel about coming forward.

As your matter moves forward, we prepare you for each step, from gathering and organizing your evidence to getting ready to testify in front of a judge if a final hearing is scheduled. We also discuss how a protective order might affect related issues, such as custody, parenting time, and support, so that you are not surprised by the way these pieces connect. Throughout the process, our goal is to give you clear information and steady guidance so you can make informed choices about your safety, your family, and your future.