What you need to know about restraining orders
Posted December 13th, 2013 by Anthony Carbone, PC.
Categories: Domestic Violence.
You got into an extremely heated argument with your spouse. It gets so bad that soon, punches are being thrown. The police arrive and arrest you for domestic violence. While in prison, your spouse slaps you with a restraining order. What happens next?
First, let’s discuss what kind of restraining orders there are. In New Jersey, there are three types of restraining orders:
- Emergency order – This is given out if you need an order immediately. This is usually given out when the courts are closed for a period of time, like the weekend. The order lasts until the courts are open and you are able to apply for a temporary order.
- Temporary restraining order – As discussed before, a temporary orders help protect you until you are able to apply for and receive a final order. These orders can be issued without you present in front of the judge. The judge will make the decision based upon your details of the case without hearing the abuser’s side of the story.
- Final restraining order – To get a final restraining order, you will have to attend a hearing which you and your attacker will both explain your version of the events. You will be able to present evidence and have witnesses. A final restraining order will either last indefinitely, have an expiration date, or the other party files a motion to remove the order.
So what happens to you, the attacker, if you are given a restraining order? Let’s have Tony answer this one.