Short-term & 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 provide all necessary facilities to prevent further abuse.

A judge in domestic violence proceedings may issue an order granting one or all of the following facilities:

No contact
(a) prevent the accused from subjecting the victim to domestic violence;
(b) Prevent the accused from "entering the victim's home, property, school or place of work, or other victim's family or household members, and obliging the accused to stay away from a location specified in the order and become regular visited by the victim or other family or household members. "
(c) prevent the accused from contacting the plaintiff or other person, including an order that prohibits the accused from initiating communication personally or through an agent that may cause anger or alarm, including but not limited to personal , written or telephone contact with the victim or other family members or their employers, workers or colleagues, or anyone else with whom communication would likely anger or alert the victim.
(d) prohibit the accused from persecuting or prosecuting the complainant or any other person named in the order, or threatening to persecute or prosecute him, as would be the case in relation to the accused's previous actions The complainant fears that the accused would cause the complainant or another person to die or be injured.

The conduct prohibited by this law includes, but is not limited to, the conduct 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 property to the plaintiff of residence or household, regardless of whether the residence or household belongs to the parties jointly or exclusively or is leased jointly or exclusively by the parties. This order in no way affects the property or interests in real estate held by one party or both. If the victim is unable to stay in the apartment, the court may ask the accused to pay the victim's rent in an apartment other than the one previously shared by the parties, if it is determined that the accused is obliged to: Support victims and the victim needs alternative accommodation.
(b) payment of housing costs.
You may need to “make or continue to pay rent or mortgage payments for the victim's residence if it is determined that the defendant is required to assist the victim or other dependent household members; provided that this problem has not been resolved or there is no litigation between the parties in another lawsuit. "

Custody and visitation
(a) Custody.
Granting temporary custody of a minor child. "The court assumes that the child's best interests will be served by a custody decision on the non-abusive parent."
(b) Parental leave.
Take parental leave.
The order is designed to protect the safety and well-being of the plaintiff and minor children and to indicate the location and frequency of parental leave. Parental leave schemes must not jeopardize other legal remedies provided by the court by demanding or promoting contact between the plaintiff and the accused. Orders for parental leave may include specifying a place of parental leave outside of the claimant, participation by a third party, or supervised parental leave.
(c) Suspend parental leave.
“The court is examining the suspension of the parental leave order and, at the request of the plaintiff, who under oath certifies that the accused's access to the child has jeopardized the child's safety and well-being in accordance with the parental leave order. ”

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

Compensation losses include, but are not limited to:

  • Loss of earnings or other support, including child or spouse maintenance,
  • Loss of expenses for injuries sustained,
  • Costs for the repair or replacement of real estate or personal property that has been damaged, destroyed or taken over by the defendant,
  • Counseling costs for the victim,
  • Relocation or other travel expenses,
  • reasonable attorney fees,
  • Court costs and compensation for pain and suffering.

Personal property
(a) Possession.
The judge can grant each party "temporary ownership of the stated personal property, such as an automobile, check book, health insurance documentation, ID, key and other personal items".
(b) Monitored distance.
Require that “a law enforcement officer accompanies a party of residence or a common place of business to monitor the removal of personal belongings to ensure the plaintiff's personal safety when an injunction is issued. This order is limited in time. "

No firearms
You are prohibited from owning firearms or other weapons listed in subsection r. from N.J.S.A. 2C: 39-1 and to order the search and seizure of such a weapon in a place where the judge has reason to believe that the weapon is located.