Ocean County Restraining Orders
A restraining order can offer a certain level of protection against a victim or potential victim of physical and/or mental abuse and violence. It also protects a person against the risks and dangers of threats, harassment and stalking by another person. Depending on the circumstances, a restraining order can also provide protection for a person’s rights, especially regarding property and children. Getting a restraining order in Ocean County, NJ is not exactly a complicated process but it is a legal procedure that must be fully understood.Who Can Get a Restraining Order?
Anyone who has experienced abuse by another person to whom he or she may be related or have a relationship with may request the court for a restraining order. People against whom a legal protection order may be filed include spouses, ex-spouses (in case of a divorce or separation), domestic partners, parent/s, sibling/s, grandparent/s, in-law/s or even children.
To obtain a restraining order, a person must be 12 years old or older. For younger victims, an adult representative, law enforcement officer or lawyer may make the request on his or her behalf.What Can a Restraining Order Do For Me?
A restraining order is a legal order that prevents an abuser or would-be abuser from getting in touch or physically coming into contact with the victim and other members of his or her family who are protected by the order.
If the victim and the abuser live in the same place of residence, the court can also order the abuser to move out, regardless of who owns or pays for the residence. With a restraining order, the court may also order the abuser to provide financial support to the victim and their children (through child support).
The abuser may also be ordered to pay for other expenses that may be related to the abuse, such as medical treatment, loss of income, moving expenses, lawyer’s fees, household bills and other damages. If necessary, the abuser could also be obliged by the court to seek professional help, such as counseling and anger management, or treatment for drug/alcohol dependence.
In NJ, individuals have to file at the Municipal Court or the Family Division of the Superior Court in their area of residence. However, in case of an emergency, police officers at the local station can provide assistance in obtaining a temporary restraining order.
A judge may also issue a temporary order even if the applicant is not present, provided he or she submits a sworn oral testimony by phone, radio, tape recorded message, stenographic machine or handwritten note. In Ocean County, a clerk of court will be available to help in requesting the petition and for answering any inquiries.Getting a Restraining Order in Ocean County for Expectant Mothers
Under NJ law, fetuses are not granted the same rights as infants and adults. However, a 2013 case has shown that exceptions may be made in special cases, such as when a woman who has already filed for a restraining order wants to obtain another to protect her child.
The case, involving a teenage mother, showed that a victim seeking protection under a restraining order can also request for a restraining order for her unborn child. However, the protection will take effect once the child is born, ensuring that his or her rights are protected.Do You Need Professional Legal Assistance?
An experienced attorney specializing in family law can provide you with the proper information and guidance to ensure your protection and those of your loved ones. Find out how a restraining order can help you by getting in touch with our legal professionals at Goldstein Law Group in Ocean County, NJ today.