Restraining Orders for Victims
If someone has been the victim of emotional or physical abuse, or has been threatened with acts of violence, there are legal protections in place for them to consider. One of the most common forms of protection for victims is a restraining order. Restraining orders are court protections that are meant to keep abusers away from victims.
Attorney Jeffrey W. Goldblatt can assist victims in East Brunswick, Freehold, NJ, and surrounding areas in obtaining restraining orders so that they are protected from their abusers. Here we provide further information about who can file for a restraining order, how it is obtained, and the types of protections they provide.
Who Can File for a Restraining Order?
Restraining orders are most commonly issued to victims of domestic violence, but they can be issued in many other cases as well. Restraining orders are meant to protect victims of many types of criminal behavior, including:
- Assault or domestic violence
- Harassment
- Stalking
- Criminal mischief
- Terrorist threats
- False imprisonment
- Lewd acts
What Protections Can A Restraining Order Provide?
Restraining orders vary in every situation, but each is meant to protect the victim from abuse or harassment from the perpetrator. Restraining orders provide detailed guidelines for what an alleged abuser can and cannot do.
Potential stipulations of a restraining order include:
- Restrictions from contacting the victim in person, by phone, at work, etc. Protections are sometimes extended to the victim’s family members as well.
- Orders for the abuser to leave their home/apartment if it is shared with the victim.
- Temporary child custody arrangements and child support payments if the victim and abuser have children.
- Orders for the abuser to attend counseling sessions or classes such as Alcoholics Anonymous or anger management.
Essentially, judges have the ability to issue any restrictions they see fit in a restraining order, provided the victim agrees to the terms.
How to File for a Restraining Order
Any victim of abuse should contact the police immediately. The police can submit a case with the court to request a restraining order. Victims can also work with an attorney, such as Jeffrey W. Goldblatt, who can help them acquire a restraining order.
At an initial meeting, a judge will listen to the case and, if they see fit, issue a temporary restraining order. The judge will then schedule a hearing date sometime within the next seven to 10 days.
The court hearing takes place in front of a family court judge. Attorney Goldblatt can represent his clients at this hearing. He will present evidence of the abuse and/or harassment suffered by the victim, and argue for a permanent restraining order.
How Long Do Restraining Orders Last?
The temporary restraining order issued by a judge lasts only until the scheduled court hearing, so typically seven to 10 days.
If the judge chooses to issue a permanent restraining order (or final order) at this hearing, he will set the terms of the restraining order, including how long the order lasts and the terms of the restraining order. In most situations, restraining orders last between three and five years.
What If the Restraining Order is Violated?
If a restraining order is violated, the victim should call the police. The police are obligated to arrest anyone who violates all or part of a restraining order.
It is a good idea for victims to keep a copy of their restraining order on them at all times so that police have a thorough understanding of the situation if they are called.
Contact an Attorney
If you have been the victim of abuse, harassment, or stalking, attorney Jeffrey W. Goldblatt can help you obtain a restraining order. To get the process started, contact us online as soon as possible, or call our law office in East Brunswick at (732) 402-8193.
