New Jersey Emergency Protective Orders
In New Jersey, emergency protective orders are known as temporary restraining orders. These are actions taken by the court on behalf of a petitioner to restrict contact or further harmful behavior from a particular person. These orders take effect when granted by a Judge, but they only last until there is a full hearing for the Court to evaluate the necessity of a continuing the restraints.
After a fact-finding hearing, a judge could either dismiss the temporary restraining order or implement a final restraining order. If you are enduring domestic violence or abuse, you must take immediate action to secure your safety. This could be achieved by petitioning for a New Jersey emergency protective order or contacting a dedicated domestic violence attorney.
Can Emergency Protective Orders be Amended?
Both temporary and final restraining orders in New Jersey can be modified. Even if a person has been the restrained subject of a protective order, they may still appeal even an emergency order over issues such as parenting time. A common provision in many restraining orders is no contact with shared children or access to a shared residence. However, in many cases, the recipient of the order may be able to appeal for visitation or parenting time, or temporary supervised access to the residence to get essential items or personal property.
Regarding permanent restraining orders, the accuser could ask that the restraining order be amended by way of consent. The attorneys would draft a consent order asking the court to amend the restraining order again. Another way that permanent restraining orders could change is if the petitioner outright drops the order.
Restraining Order Expiration
Permanent restraining or protective orders do not expire in New Jersey. However, it is important to note that orders may expire in New York. If there are concerns about a petitioner’s safety across state boundaries, they should consult a compassionate domestic violence attorney to learn about their legal options.
Emergency, temporary, and ex parte protective orders all expire when there is a hearing in court to determine the necessity of permanent orders. While many things remain consistent regarding all protective orders, the specific circumstances of each situation may mean that there are different conditions that may require an explanation from legal counsel.
You May Need an Emergency Protective Order for Your Safety
New Jersey emergency protective orders could make all the difference in a person’s ability to stay safe in a domestic violence situation. You should not fear for your life and safety or that of your children. If you are facing abuse or an unsafe situation from a family member or partner, it is essential that you contact law enforcement to secure your immediate safety.
After initially contacting law enforcement to deescalate a present situation, the next step should be to go to the station to request an emergency or temporary restraining order. The step after is calling a compassionate and steadfast family lawyer who has experience handling domestic violence situations. There is significant risk involved in these situations, and having a qualified legal ally could help you gain the confidence and knowledge necessary to protect yourself or your family. Call right away to get the help you need.