Situations of domestic violence are very serious and should be treated as such. It is because of this that victims can receive relief through obtaining a restraining order. Continue reading below to learn more about how this can be done and contact an experienced New Jersey family law attorney when facing these situations.
What is a Final Restraining Order?
When a person is facing domestic violence within their home, it is important to receive assistance immediately. This can be done by receiving a Temporary Restraining Order (TRO) that goes into action immediately. This can be obtained through family court or the local police department. The order prohibits the abuser from contacting them in any way. Once a TRO is received, the individual should have a court date within 10 days for a Final Restraining Order (FRO) hearing. During this time, they must prove to the court why their restraining order should become final. If the court agrees, the FRO can be granted. In most situations, this order typically lasts forever.
What Happens at a Final Restraining Order Hearing?
A FRO hearing is similar to other court hearings. The abuse victim will testify and present the evidence for their case, such as police reports, medical records, witnesses to abuse, and more. While this is true, it is important to keep in mind that the other party has the same opportunity in order to try and prove domestic violence did not take place and an FRO should not be issued.
After the case is reviewed, the judge can make a decision regarding whether or not the FRO is necessary. It is important to note that this is not always a simple process, as it can be long and complex. This is why victims should have a family law attorney on their side who can guide them through this time.
How Can a Restraining Order Impact Children?
Once a restraining order is issued, there can be no contact between the two parties. However, this can become complicated if the two have children together. In these situations, the court may grant parenting time and/or financial support. Instead of both parties interacting due to these situations, it is best to have a third-party who can be trusted to handle these matters and drop off the children to one another so that they do not come in contact.
Contact our Firm
We understand that those getting a divorce most likely have several questions regarding the weeks and months to come. Paris P. Eliades Law Firm, LLC is honored to serve the people of New Jersey, including Sparta, Sussex County, Morris County, Passaic County, and Bergen County with the quality legal services they deserve. If you are getting a divorce or have any other questions regarding divorce-related matters, please do not hesitate to contact our firm for a consultation today.
