Understanding Restraining Orders

Restraining orders make sure one feels safe and isn’t threatened by someone. They prohibit a person from doing something that harms the other. Restraining orders are protective orders. 

Domestic violence especially is the core of restraining order in New Jersey. They are mostly filed by spouses, children, and family members facing abuse. Any victim who feels threatened by someone can file a restraining order. They can also be filed against strangers in case someone stalks you. 

Restraining orders generally occur in the following few types-

1] Temporary restraining order: Order that temporarily keeps the defendant away from the plaintiff until he is proven guilty.

2] Domestic violence restraining order: After it has been clarified domestic violence has taken place, this order is issued to protect the victim from further harm.

3] Emergency protective order: It is issued by law enforcement when called at the scene of abuse to protect victims. It lasts for a week or so, during which the victim can file a long-term restraining order. 

4] Workplace violence prevention restraining order: If employees at their workplace feel threatened, it protects them from harassment and violence. 

5] Civil harassment orders: Filed against people not close to the victim but who have been abusing or threatening him. 

6] Dependent adult or elder abuse orders: Favorable for abused elders or dependent individuals like spouses.

7] Juvenile restraining order: Same as civil harassment orders except it’s for juveniles. 

A restraining order prevents contact between victim and abuser hence creating a sense of safety and security. 

When is a Restraining order granted?

Verbal statements do not suffice to file a restraining order. There has to be enough evidence to prove the defendant hurt the victim, there should be ample proof of relationship, harassment, sexual abuse, etc.

You can’t make an order by yourself. The judge decides if a restraining order is to be issued and your case qualifies for it. It takes around one to two weeks for an order to be issued but in a case of severe threat, it is immediately approved. 

Breach of the order by the abuser is considered a criminal offense, which could result in severe consequences. 

Conclusion

The charged person can hire an attorney to speak on his behalf. He is given a chance to prove his innocence. Both the plaintiff and defendant are given equal representation. If proven guilty, the defendant faces penalties that might affect his job and life entirely. The parties can appeal to higher courts if dissatisfied with the judgments.