Domestic Violence and Restraining Orders
Domestic violence in Ocean County is not limited to just people who are married. Parents and children, boyfriends and girlfriends, and roommates can all face domestic violence charges. If a person is living in an abusive or unsafe environment they may be able to request a temporary restraining order (TRO) against their abuser. A TRO will temporarily remove the abuser from the living quarters that they share. Most people adhere to the terms of the TRO, until a final restraining order is entered after a hearing before a judge.
Domestic Violence in Ocean County
Domestic violence or domestic abuse occurs in the form of emotional, physical, sexual or economic abuse. The use of control or coercive behavior over another person in order to influence or hinder is considered the main definition of domestic abuse. Many people who are in an abusive relationship fail to see that they are living in an unhealthy or destructive environment. A couple doesn’t have to be always yelling at one another to warrant an abusive situation. A constant verbal attack of an abuser telling their victim that they are no good, ugly, or that no one loves them can constitute a form of verbal abuse. Other forms of abuse could be threatening or intimidating the victim, or leading the victim to believe that they are in a constant threat of being hurt. Domestic violence can also include spousal rape, deviant sexual acts or exploitation of one’s spouse. In extreme cases of spousal abuse the husband may force the wife to move away from friends and family and cause the wife to become isolated.
Temporary Restraining Order in Ocean County?
No one should have to be in fear of their living situation. In no circumstance is domestic violence acceptable. If you are a victim of domestic violence there are steps you should take to remedy the situation. One thing to do, if possible, is to collect evidence against your spouse. This could include saving phone or text messages, letters, emails and documenting any physical injuries that might have resulted from a confrontation. You should also make notations of any incidents including the time of day, the date and what the incident entailed. Also, retain any copies of medical reports that will detail the extent of your injuries. If you fear that the abuse is going to happen again or that it is becoming worse you should call the police and request an emergency temporary restraining order (TRO). A victim would go to the municipal court house, stop by the local police or call the local police station in which they live or are sheltered. For example, if the victim lives in Jackson then they would want to contact the Jackson police. The police will contact the local municipal court judge who will hear the details of the abuse. The municipal court judge can authorize a TRO over the telephone or other forms of electronic communication. The applicant will provide a sworn oral testimony in regards to their domestic violence case. The purpose of the TRO is to “protect the life, health, or well-being of a victim on whose behalf the relief is sought.”
Result of a Temporary Restraining Order
Once the TRO is approved the abuser will be removed from the shared home and will be prevented from showing up at the victim’s work place or school their children attend. The person who has the TRO against them is also not allowed to contact the victim via telephone, text message, email, or any other form of communication. At all times the abuser must maintain a certain distance from the victim, the victim’s home, the victim’s place of employment and the relatives of the victim. If there are shared children involved, a schedule for visitation must be created, detailing the times and locations that the children are to be dropped off and picked up. A TRO does not relinquish the abuser from their financial duties in regards to their children. They must continue to provide financial support for their children throughout the length of the restraining order. If a person violates the terms of the restraining order they will be in contempt of a restraining order and will be arrested, taken to jail and will face criminal prosecution.
Final Restraining Order (FRO)
A Temporary Restraining Order in Ocean County will remain in effect until the court dissolves the order or the TRO is replaced by a Final Restraining Order (FRO). Approximately 10 days after the initial TRO is issued there will be a hearing for the Final Restraining Order. A FRO has no expiration date and remains in place until it is modified or dissolved by the Family Court. Both parties in the matter must attend the court hearing and testify under oath. It is suggested that the abused spouse have an attorney present on their behalf due to the trying nature of the situation.
All restrictions remain in place which were introduced in the TRO, this includes that the abuser must remain a set distance away from the victim, refrain from any form of communication and stay away from the victim’s place of work, home, family and the place where their children attend school. In order to dissolve or modify the terms of the final restraining order the victim must go before a Family Court Judge and file an affidavit to modify the order. Both parties will have to go in front of a Family Court Judge to make the final request and the court will want to determine that the request is not coerced by the abuser. The judge will review the circumstances around the original restraining order and may choose to not dissolve or modify the Final Restraining Order.
Whether you are from Red Bank, Long Branch, Freehold, Howell Townships or any other town in New Jersey, Villani & DeLuca, P.C. can help you with your restraining order. Call 732-800-2980 today to discuss your case.