Family Law Restraining Orders Attorney in Red Bank Advocates for the Rights of Clients in Monmouth County, Ocean County, Middlesex County, and Throughout NJ
A victim of domestic violence has legal avenues to obtain relief from continued abuse. In New Jersey, courts may issue restraining orders to protect someone from future domestic violence incidents. You need a New Jersey restraining order lawyer to help you if you have filed a domestic violence complaint or if someone has taken out a restraining order against you. Restraining orders can significantly affect your rights in other family law matters, such as divorce or child custody proceedings. Let our top-rated family law group advocate for your interests or reputation in your restraining order case. Our firm can help you obtain, enforce, or modify a New Jersey restraining order.
Contact Joseph J. Russell Divorce & Family Law Attorney, for a confidential consultation with a family law restraining orders attorney in Red Bank to discuss your legal rights and options if you have taken out a restraining order or have had a restraining order entered against you. Let our firm advocate for your interests in your domestic violence proceeding.
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How Do Restraining Orders Work in New Jersey?
A restraining order is a court order that protects victims of domestic violence from further acts of domestic violence by their abuser. A restraining order prohibits an abuser from contacting or coming near their victim. Restraining orders may also order an abuser to refrain from contacting the victim’s family members or friends. New Jersey has two types of restraining orders: temporary restraining orders and final restraining orders. Courts issue TROs upon filing a domestic violence complaint to protect an alleged victim until the court can hold a hearing to decide whether to issue a FRO. In New Jersey, FROs remain in force until the victim asks the court to lift the order or the abuser proves that the victim no longer needs the FRO for protection.
Upon receiving a domestic violence complaint, the court will hold an ex parte hearing with only the alleged victim to evaluate the sufficiency of the allegations. If the court issues a TRO, it must hold a FRO hearing within about ten days. The alleged victim and alleged abuser may attend the FRO hearing and present testimony and evidence in support of or to oppose a FRO.
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Do Restraining Orders Affect Child Custody?
Temporary and final restraining orders may include provisions affecting child custody arrangements between the victim and abuser. A court may award temporary or permanent physical and legal custody to a domestic violence victim and impose or modify a child support obligation for the abuser. Courts can also order the abuser or alleged abuser to have third-party supervision for their parenting time, with supervision provided by a trusted family member, a social worker, or a guardian ad litem.
Even if the court lifts a final restraining order, it may leave the order’s custody and support provisions in place. An abuser may petition the court to modify custody or support without lifting the no-contact conditions.
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What Happens If I Violate a Restraining Order?
Violating any provision of a restraining order may subject you to severe consequences. A violation of the restraining order’s no-contact conditions may result in a charge of criminal contempt of a court order, which may lead to your arrest and prosecution. Even sending an email or text message can result in a disorderly person (misdemeanor) charge, while violating an order with an act that constitutes a crime or disorderly persons offense will lead to a felony contempt charge.
A violation of custody or support provisions of a restraining order constitutes a civil matter, with the victim entitled to file a court petition to enforce those provisions. Willful support or custody provision violations may cause the court to modify custody or child/spousal support.
How Can a New Jersey Restraining Order Lawyer from Our Firm Protect Your Rights?
Whether you have taken out a restraining order or have had someone obtain an order against you, a family law restraining orders attorney in Red Bank can help you protect your rights and future. Turn to our firm for help with New Jersey restraining orders that includes:
- Sitting down with you to discuss your rights and options as the plaintiff or defendant in a domestic violence case
- Helping you draft a domestic violence complaint
- Investigating the facts and circumstances underlying your case to begin crafting strong and persuasive arguments in support of your position
- Explaining the terms and requirements of the restraining order to you
- Advocating on your behalf during the FRO hearing
- Assisting you with obtaining a modification or termination of the restraining order against you, including modification of child custody/support provisions
Contact Joseph J. Russell Divorce & Family Law Attorney, for a Confidential Consultation to Discuss Your Legal Options with a Knowledgeable Family Law Restraining Orders Attorney in Red Bank
Don’t put your safety, reputation, or rights at risk. Contact a New Jersey restraining orders lawyer from our firm for a consultation to discuss how we can help guide you through a domestic violence proceeding.