Domestic Violence Accusations in New Jersey

All law enforcement officers and agencies across the state take family violence very seriously. If you are making a domestic violence accusation in New Jersey, there are several things you must keep in mind to ensure your safety. When facing abuse, it is first essential to contact law enforcement for immediate safety.

After law enforcement has been contacted, you should call a dedicated domestic violence family attorney and request a temporary protective order. These orders could help keep your abuser away until there can be a hearing to determine a more permanent solution.

What is a Domestic Violence Restraining Order?

A domestic violence restraining order is a court order of protection that removes the accused from the scene and prohibits them from having any contact whatsoever with the other party. The accused should expect to be removed and barred from their home. Firearms are generally confiscated, and oftentimes, the alleged abuser would not be permitted to see their children until the final hearing. If the accused violates the terms of this order, the petitioner should report that immediately to law enforcement so the violator will be arrested and eventually face criminal penalties.

After an accusation of domestic violence in New Jersey, the recipient of the order should tell their place of employment that there is a restraining order in place. If there are children involved, the accuser should alert the children’s school, daycare, or extracurricular activities about the protective order to ensure that the accused is not attempting to make contact with the children. It is additionally important that the person who leveled the domestic violence allegations does not contact the accused person.

The Requirements to Obtain a Domestic Violence Protective Order

In New Jersey, after a domestic violence accusation has been made, there must be proof of a predicate act of domestic violence. Restraining orders are designed to protect the petitioner from immediate danger to themselves or their children. If there is no pressing risk, then a magistrate may not issue a temporary protective order.

This is partially due to the severity and relative permanence of a restraining order. The only way that a restraining order could be reversed is if the person withdraws it or by court order. To petition for the end of a protective order, the accused must go to court and prove why the order is no longer necessary.

Why an Attorney Is Helpful When Making Domestic Violence Accusations

Sometimes people get flustered, especially in high stress and high stakes situations. Even when the petitioner has a legitimate case, they must thoroughly explain the situation to the court to be issued a protective order. A compassionate domestic violence lawyer could help survivors collect their thoughts and make a strong presentation to the magistrate and judge to get the court-ordered protection they need.

Any history of domestic abuse, reported or unreported, should be shown to the court. If you are thinking about making a domestic violence accusation in New Jersey, an attorney could stand by your side to give you the best possible chance of success and a safe future. Call now to discuss your case.

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