What to do if you are the Victim of Domestic Violence
Domestic Violence affects the lives of millions of people, many of whom are unaware of the protections that are available to them under the law. Most importantly, if you feel unsafe or threatened you should immediately call the police. New Jersey police officers are trained to respond to Domestic Violence situations and can ensure your safety and help you obtain a Temporary Restraining Order. If you are being abused, but not in immediate danger, you can still go to your local police station or Courthouse to obtain a “Temporary Restraining Order”. A judge can grant you a Temporary Restraining Order based on your testimony alone, and a decision is generally made the same day you make the application.
If you are granted a Temporary Restraining Order, the accused (the "Defendant") will be barred from contacting you and will have to forfeit any firearms. If you and the Defendant share a home, you can ask the Judge that you be permitted to stay in the home and the Defendant be required to immediately move out. As part of a Temporary Restraining Order, a Judge can also make provisions to keep your children safe from abuse and provide financial security to you. Once a Temporary Restraining Order issues, a court date will be set to determine if a Final Restraining Order should issue. At this hearing, both sides can present evidence and testimony and a Judge will make a decision as to whether a Final Restraining Order should issue or if the matter should be dismissed.
In New Jersey, Final Restraining Orders do not automatically expire and the restraints are permanent. If the Defendant violates either a Temporary Restraining Order or a Final Restraining Order the Defendant will face criminal charges, including mandatory jail time on their second offense. The Court is also empowered to award you compensatory damages as part of a Final Restraining Order, which can include legal fees incurred during the process.
While New Jersey provides expansive protections to the victims of Domestic Violence, having an experienced attorney present your case will assist the Court in fully understanding your circumstances and help obtain a favorable result. The attorneys at Maleski, Eisenhut & Zielinski LLC understand these situations and New Jersey's laws relating to restraining orders and can help explain your options and help you obtain the protection you need.
There are many resources available to victims of domestic violence. If you believe that you are a victim of abuse, you should also reach out to the following agencies:
In an emergency, dial 911
New Jersey Domestic Violence Hotline: 1 (800) 572-SAFE (7233) 24 hours a day/7 days a week
The National Domestic Violence Hotline: 1 (800) 799-SAFE available in more than 200 languages, and via chat (text LOVEIS to 22522). Their website is: https://www.thehotline.org/
Child Abuse Hotline (State Central Registry): 1 (877) NJ ABUSE/ 1 (877) 652-2873 TTY 1-800-835-5510
Additional resources available in New Jersey: https://www.nj.gov/dcf/women/domestic/