Momentary & Last Restraining Orders In NJ

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Temporary & Final Restraining Orders In NJ

If a final injunction has been issued against you, the judge must grant all necessary facilities to prevent further abuse.

A judge in a domestic violence case may issue an order providing any or all of the following facilities:

No contact
(a) prevent the accused from exposing the victim to domestic violence;
(b) prevent the accused from “entering the residence, property, school or work place of the victim or other family or household members of the victim and oblige the accused to stay away from any place named in the order and become regular Attended by the victim or other family or household members. “
(c) prevent the accused from contacting the accuser or any other person, including any order prohibiting the accused from initiating, in person or through an agent, any communication that may cause annoyance or alarm, including but not limited to personal , written or telephone contact with the victim or other family members or their employers, workers or work colleagues or any other person with whom the communication would likely annoy or alarm the victim.
(d) Prohibit the defendant from pursuing or pursuing or threatening to pursue or prosecute the complainant or any other person named in the order, as would be the case in connection with any previous conduct of the defendant Complainant with reasonable grounds for fear that the defendant would cause the death or injury to the complainant or another person.

Conduct prohibited under this Act includes, but is not limited to, conduct prohibited under the provisions of [N.J.S.A. 2C:12–10.]

You may have to leave your place of residence
(a) Exclusive Ownership.
Granting exclusive possession of the plaintiff’s residence or household regardless of whether the residence or household belongs jointly or exclusively to the parties or is jointly or exclusively leased by the parties. This order in no way affects the ownership or interests in real estate owned by either party or both. If the victim is unable to stay in the apartment, the court may order the defendant to pay the victim’s rent in a different apartment than the one previously shared by the parties if it is determined that the defendant is obliged to Support victims and the victim needs alternative housing.
(b) Payment of housing costs.
You may need to “make or continue rent or mortgage payments for the victim’s residence if it is determined that the defendant has an obligation to assist the victim or other dependent household members; provided that the issue has not been resolved or that there is no litigation between the parties in any other lawsuit. “

Custody and visitation
(a) Custody.
Granting temporary custody of a minor child. “The court assumes that the best interests of the child are served by a custody decision to the non-abusive parent.”
(b) parental leave.
Take parental leave.
The order is intended to protect the safety and well-being of the plaintiff and minor children and to indicate the location and frequency of parental leave. The regulation of parental leave must not jeopardize other legal remedies provided by the court by requiring or promoting contact between the plaintiff and the defendant. Orders for parental leave may include specifying a place of parental leave outside the claimant, the participation of a third party, or supervised parental leave.
(c) Suspend parental leave.
“The court examines the suspension of the parental leave order and, at the request of the plaintiff, who certifies under oath that the accused’s access to the child under the parental leave order has endangered the child’s safety and well-being, conducts an emergency hearing. ”

compensation
You may need to pay the victim financial compensation for losses incurred as a direct result of domestic violence. The order may require the defendant to pay the victim directly, reimburse the Violent Crimes Compensation Committee for any compensation paid by the Violent Crimes Compensation Committee directly to or on behalf of the victim, and may require the defendant to reimburse any parties that may have compensated the victim, as the court may determine.

Compensation losses include, but are not limited to:

  • Loss of earnings or other support, including child or spouse support,
  • Loss of expenses for injuries suffered,
  • Costs of repairing or replacing real estate or personal property damaged, destroyed or taken over by the defendant,
  • Counseling costs for the victim,
  • Moving or other travel expenses,
  • reasonable legal fees,
  • Legal costs and compensation for pain and suffering.

Personal property
(a) Possession.
The judge may grant either party “temporary possession of the specified personal property such as an automobile, checkbook, health insurance documentation, ID, key, and other personal effects.”
(b) Monitored Distance.
Require that “a law enforcement officer escort a party of residence or common business premises to oversee the removal of personal items to ensure the personal safety of the plaintiff when an injunction has been issued. This order is limited in time. “

No firearms
You are prohibited from possessing any firearm or any other weapon listed in subsection r. from NJSA 2C: 39-1 and to order the search and seizure of such a weapon in a location where the judge has reason to believe that the weapon is located.