Graziano & Flynn, P.C. HomeRestraining Orders
Some statistics are hard to read and comprehend. According to Womanspace, a non-profit NJ organization dedicated to assisting individuals and families impacted by domestic and sexual violence, there is an incident of domestic violence every seven minutes in New Jersey.
If you are a victim of domestic violence – emotional, physical, sexual or any form of harassment – there are laws that will protect you and your family. We can help protect you by obtaining a restraining order against your spouse, former spouse, boyfriend/girlfriend or other member of your household who is hurting you or your children. Call Graziano & Flynn, P.C. for a free, initial consultation. Our discussion will be held in the strictest of confidence.
What is a Restraining Order?Simply put, a restraining order is a legal order of protection against someone who is abusing another individual. In the state of New Jersey, a judge has the authority to authorize one of a few different types of restraining orders, depending on whether or not the threat of violence is immediate or perceived and/or anticipated.
- An Emergency Order can be issued by an on-call judge after hours when courts are not in session. If you need immediate protection, late at night or on a weekend, for example, you can call the local police department or 911. If the on-call judge determines the threat is dire, he or she can grant you the Emergency Order, also called a Temporary Restraining Order (TRO). The judge will make a determination based on your facts; the accused abuser will not be heard at that time.
- Within 10 days, a judge will make a decision about issuing a Final Restraining Order after hearing both sides, listening to witnesses, and reviewing evidence. As the name suggests, this type of restraining order will be in place forever – until one of the parties files a motion to ask the judge to change or end the restraining order. In these cases, the judge must hear compelling evidence to change or lift a Final Restraining Order.
If you are granted a Temporary Restraining Order, it will:
- Prohibit the person (defendant) from returning home – even to get personal items – without a police escort.
- Prohibit the defendant from possessing a weapon including a gun or any other firearm unless the person is a police officer or member of the armed forces.
- Permit the police to perform a search of the defendant’s car, place of business or other temporary home in an effort to locate a weapon – if the judge suspects one may exist.
If the judge determines, after careful consideration and hearing testimony from you and the alleged abuser, that a Final Restraining Order is warranted, the abuser must:
- Completely end all contact with you and anyone else in the restraining order (including in writing, in person, by telephone, or through other people)
- End all stalking behavior
- Stop all threats to harm you
- Stop any and all harassing behaviors
There are also financial ramifications associated with a Final Restraining Order. The abuser must continue to pay rent or mortgage payments and support you or your children. The judge may even order them to pay for financial losses you’ve incurred such as loss of pay or medical bills caused by the abuse.
Once a Final Restraining Order is granted, any violation of that Order call for very serious penalties including jail.
If You Are Denied a Restraining Order, Call Us ImmediatelyAt Graziano & Flynn, we’ve helped many people, like you, who have been denied the protection of a court order. We can help you restate your case. We will work tirelessly on your behalf to get you the protection you need and deserve. Firm founder Ron Graziano was a certified trial attorney for over 25 years, so he understands the nuances of the law.
Need a Restraining Order in NJ? We’re on Your SideYou don’t have to continue to live in fear that the next time you open your front door or pick up the phone, your harasser will be there to continue the torment. We will help get you the legal protection you deserve.
We invite you to contact us for a free, confidential consultation with an experienced NJ domestic violence and restraining order attorney at Graziano & Flynn, P.C. We can be reached at 856-499-4351 or toll free 866-948-7568. You can also send us an email and we will respond promptly. Don’t suffer in silence. Help is one phone call away.
