When A Restraining Order Is Necessary
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.