Is a Restraining Order Effective in a Domestic Violence Case?

Posted July 11th, 2014 by .

Categories: Domestic Violence.

domestic-violenceYour boyfriend of three years is becoming more and more abusive towards you. At first it was just a case of verbal insults but now it’s progressed to physical violence. Finally, you had enough. You find a safe place to stay but he found you. You’re afraid and feel alone. What can you do?

Unfortunately, the above situation is more common than we want it to be. According to the New Jersey State police, an act of domestic violence occurs once every seven and a half minutes. It can happen to anyone at anytime. And even when you do escape the attacker, there is still the threat out there. You may feel helpless, but there is a way you can protect yourself by filing a restraining order.

There have been some reports in the last few years of the ineffectiveness of restraining orders in domestic violence cases. According to Psychology Today, there are five reasons why a restraining order could fail for the victim:

  1. The abuser ignores the order.
  2. The victim isn’t consistent in reporting the violations.
  3. The police aren’t consistent in enforcing the violations.
  4. It may have just been a case of a person bothering you. But when he/she is served with the order, abuser’s tactics increase.
  5. It’s the only plan in place for protecting yourself against your abuser.

So if the situation can worsen, why bother getting a restraining order in the first place? Because a restraining order will legally protect you from your abuser. In order to get a TRO you have to prove to the courts that abuses has occurred through police reports, medical records and any evidence you have such as photos of injuries. If the abuser does violate the order, he/she will face legal ramifications such as jail time.

Are you in an abusive relationship and need help? Contact the Law Offices of Anthony Carbone, PC today. Our aggressive lawyer will help you file the restraining order and get the abuser out of your life once and for all.

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