What Must Be Shown to Obtain a Restraining Order in New Jersey
Previously, it was difficult to understand the precise requirements of obtaining a restraining order within the State of New Jersey. Domestic violence laws were integrated into family courts to set out basic protocols to protect victims and surrounding family members from domestic violence. However, due to the many unique scenarios surrounding each domestic violence case, it was decided that an additional analysis was required before a Final Restraining Order (FRO) was issued in domestic violence cases.
The Prevention of Domestic Violence Act (PDVA) Defined
The Prevention of Domestic Violence Act (PDVA) is the legislation that controls when the New Jersey Superior Court, Chancery Division, Family Part can enter a Final Restraining Order (FRO). Under the Prevention of Domestic Violence Act (PDVA), the threshold required to enter a Final Retraining Order (FRO) is that the two parties were in a particular relationship. The Prevention of Domestic Violence Act (PDVA) more narrowly only applies when the alleged perpetrator and victim are current or former spouses, former household members, have a child in common or are expecting one, or have previously had a dating relationship. N.J.S.A. 2C-25-17 defines the following as acts of domestic violence: assault, homicide, kidnapping, terroristic threats, false imprisonment, criminal restraint, sexual assault, lewdness, criminal sexual contact, criminal mischief, criminal trespass, burglary, stalking, harassment, robbery, criminal coercion, and any other crime involving risk of death or serious bodily injury. After Silver v. Silver, there were additional requirements set out beyond the Prevention of Domestic Violence Act (PDVA) that had to be satisfied before a Family judge decides to grant a Final Restraining Order (FRO).
What are the Requirements of Obtaining a Final Restraining Order in New Jersey?
Silver v. Silver set out three requirements that must be assessed before a court can proceed with entering a Final Restraining Order (FRO). The three requirements that must be assessed are: the relationship between the parties, the alleged act of domestic violence perpetrated by the defendant, and the potential need to protect the alleged victim. In addition to the required relationship between the plaintiff and defendant, the Court in Silver v. Silver stipulated that two additional requirements must be met before a trial court can issue a Final Restraining Order (FRO). The two additional requirements are that the abuse has to be a predicate act of domestic violence that is defined by the Prevention of Domestic Violence Act (PDVA) and the imminent need to protect the victim from further abuse.
What Should I Do if a Restraining Order has been filed against me?
If you have recently been served with a temporary restraining order (TRO) under the Prevention of Domestic Violence Act N.J.S.A. 2C:25-17 and are unsure of your of the ramifications of this order, it is wise to speak with an attorney, experienced in this types of matters, to have a look at the particulars of your case and to assist you in preparing a defense against this court order.
Focus on Criminal Defense and Domestic Violence
At the Bianchi Law Group, our firm primarily focuses on cases related to Criminal Defense and Domestic Violence. Both partners Robert Bianchi and David Bruno are former prosecutors who handled a wide range of cases including homicide, assault, sexual assault, robbery, fraud, domestic violence, along with municipal matters such as DUI. The Bianchi Law Group is equipped with experienced Criminal Defense attorneys in New Jersey to help individuals looking for a New Jersey lawyer to help navigate the criminal justice system while providing the best possible representation and legal outcome for our clients.
Former Prosecutors and Trusted by the Media
The Bianchi Law Group partners Robert Bianchi and David Bruno are former prosecutors who have handled the investigations and prosecutions of crimes in New Jersey and are certified along with only 250 other attorneys as certified criminal trial attorneys by the New Jersey Supreme Court. Robert Bianchi and David Bruno have extensive experience related to Criminal Defense cases in New Jersey. Robert Bianchi and David Bruno regularly appear as national legal analysts to comment and debate on most major news networks such as: Fox News, CNN, HLN, MSNBC, Fox Business among others.
The Bianchi Law Group focuses on practice areas related to Domestic Violence, Criminal Defense, and Municipal Court matters. Contact us at 862-210-8570 to discuss this case or any other legal issues you have.