When A Restraining Order Is Necessary
Posted November 20th, 2017 by Anthony Carbone, PC.
Categories: Domestic Violence.
Have you ever had someone in your life, a husband, wife, family member, or significant other, abuse you in some manner? Did that abuse ever cause you to think about getting a restraining order towards that individual for your protection?
If you are unsure about what it takes for someone to get a restraining order towards another person in New Jersey, we have the answers.
A restraining order is a court order of protection that restricts an action or prevents another person from contacting or harassing the person who filed the order. There are many reasons one can file a restraining order, such as divorce or protection of your children. The reasons for a restraining order can usually be found under these categories:
- Physical: This is the most common reason for a restraining order, but you will need proof of physical violence for a court to grant an order.
- Psychological: Constant degrading or unreasonable control of a person’s actions that interferes with your daily life can lead to a restraining order.
- Depletion of Assets: If you have proof that a spouse or loved one is keeping or stealing money from you; it can be enough for an order of protection.
- Patent or Trademark Infringement: Someone is infringing upon your ownership rights if another party is using an item that you invented or patented, or someone is using a logo that you created and trademarked it without your consent.
- Procedure: You may request a restraining order as part of the initial pleadings in a divorce case or a similar type of proceedings.
New Jersey, Domestic Violence, and Restraining Orders
Under the New Jersey Domestic Violence Act, a restraining order may be obtained by a domestic violence victim who is a spouse, former spouse, member of the household, or parent (past, current, or future).
In the Garden State, there are fourteen criminal offenses that qualify in order to obtain a restraining order. These offenses are: assault, criminal restraint, criminal trespass, false imprisonment, kidnapping, sexual assault, lewdness, harassment, stalking, terroristic threats.
Do you need protection? Or, has your restraining order failed to protect you? The Law Offices of Anthony Carbone care about your safety. Contact us today.