How Effective is a Restraining Order in a Domestic Violence Incident?
Posted January 31st, 2018 by Anthony Carbone, PC.
Categories: Domestic Violence.
You’ve been married to your husband for almost five years; and at the beginning of your marriage, he seemed to be the most kind-hearted individual you had ever met. Then things changed.
Over the last year or so, he has been more and more abusive towards you. At first, it was just a lot of yelling and verbal insults. Now, it has progressed to physical violence. You’re tired of the abuse you have been receiving lately and decide to leave trying to find a safe place. Unfortunately, he found you. You feel afraid and alone. What can you do?
Unfortunately, the above situation is more common than it should be. According to the New Jersey State Police, domestic violence incidents occur once every nine minutes (eight minutes and fifty-two seconds). It can happen to anyone at any moment. Even when you can escape your attacker, you still have to worry about the threat. However, there is a way you can protect yourself – filing a restraining order.
A restraining order is effective because it offers civil legal protection from a domestic violence abuser, and if the abusers cease to stop the abuse, serious legal consequences could arise. Restraining orders from domestic violence incidents in the Garden State only occur if the abuser has or had some type of relationship with you. There are two types of restraining orders: temporary restraining orders (TROs) and final restraining orders (FROs).
A TRO occurs when you initially file a complaint and if the judge finds that your life or well-being is in danger. A FRO is decided after a judge hears both sides of an incident. This type of restraining order can last forever. But are either type of restraining orders actually beneficial to domestic violence victims?
Are They Ultimately Effective?
The answer is an unequivocal yes. While there are many things that either a TRO and FRO can stop an abuser from doing, we will only highlight the most important aspects:
- Forbid the abuser from returning to the scene of the incident(s)
- Mandated not to make contact with you that is annoying or alarming
- Forbid the abuser from possessing a firearm or any other weapon
- Responsible for paying you reasonable losses resulting from abuse
- Possibly relieve the abuser’s possession of the shared home to the victim
- Custody rights of children will be affected. Abuser will have temporary rights or none at all
- Mandatory counseling and psychiatric evaluation
Hopefully, you can see that a restraining order, either temporary or final, is effective to the well-being of the victim. If you are a victim of domestic violence in Jersey City, New Jersey, contact our Firm today for a free consultation.
Experienced domestic violence attorney, Anthony Carbone, is ready to assist you through this tough and troubling time.