In order to get a domestic violence restraining order, there needs to be a specific relationship between you and the abuser. See Am I eligible to get a restraining order? If you are a victim of sexual assault and do not have a relationship with the abuser, you may be eligible for a sexual assault restraining order. For example, stalking is illegal in New Jersey and the law does not require that you know your stalker to receive protection.
Although restraining orders do not cover many types of emotional or mental abuse, you can contact a domestic violence organization in your area for help and support. Please see our NJ Advocates and Shelters page to find an organization near you. All rights reserved. Department of Justice. Neither the U. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this website including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided.
Skip to main content. What types of restraining orders are there? How long do they last? In which county can I file for a restraining order? What protections can I get in a temporary ex parte restraining order TRO? What protections can I get in a final permanent restraining order? Who can get a restraining order Am I eligible to get a restraining order? Can I get a restraining order against a same-sex partner? Can a minor file for a restraining order against an abuser who is 18 or over?
Can a minor file for a restraining order against an abuser who is under age 18? Can an adult file for a restraining order against an abuser who is under age 18? How much does it cost? Do I need a lawyer? What if I don't qualify for a restraining order? Restraining orders are therefore likely to be appropriate in cases where the defendant and the victim are known to each other whatever the charge and where there is a continuing risk to the victim of harassment or violence after the date of conviction.
Section 12 of the DVCVA introduced section 5A into the PHA , which allows the court to make a restraining order after acquitting a defendant of any offence if the court considers it necessary to do so to protect a person from harassment from the defendant. Unlike restraining orders on conviction, there is no power to protect a person from fear of violence that falls short of harassment where the defendant has been acquitted. Harassment is not defined in the PHA , except that it includes causing a person alarm or distress.
For further guidance see Stalking and Harassment. Section 5A was introduced to deal with those cases where there is clear evidence that the victim needs protection, but there is insufficient evidence to convict on the particular charges before the court.
It is still open to the victim to seek a non-molestation order or injunction from a civil court. However, this more proactive approach on the part of the courts using section 5A is seen as not only avoiding delay and increased costs to the legal aid budget, but also providing a more seamless process of providing protection to victims. Section 5A only applies where there has been an acquittal. It does not apply where proceedings have been withdrawn or discontinued.
An "acquittal" under section 5A of the PHA means any occasion when proceedings are dismissed following the hearing of evidence at trial. This interpretation of the word would also include the situation when the prosecution offers no evidence with regard to the substantive charge: R O v Stratford Youth Court [] EWHC Admin.
The effect of section 17 of the Criminal Justice Act is that where a prosecutor offers no evidence against a defendant who has pleaded not guilty to an indictable offence in the Crown Court, the court may order that a verdict of not guilty is recorded, and this has the same effect as if the defendant had been tried and acquitted.
On a summary trial, where a charge is dismissed following the prosecution's decision to offer no evidence, this would be regarded as an acquittal for the purposes of the doctrine of "autrefois acquit". Applying this logic to section 5A 1 , it is arguable that the reference to a court before which the defendant is acquitted of an offence should be read to include a court before which the prosecution offered no evidence and a charge was dismissed.
See further guidance in the section Offering no evidence and making an application. However, restraining orders are not limited to these types of cases.
The overriding consideration should always be whether a restraining order is required to protect the victim or other person. Prosecutors should have in mind at the time of charge or review whether a restraining order might be appropriate in the event of an acquittal or conviction.
This will enable prosecutors to ensure that sufficient information is before the court for the court to exercise its powers. In cases which require a Plea and Sentence Document PSD , the PSD should set out, if appropriate, whether the court should be invited to make a restraining order either on conviction or acquittal.
The PSD should set out the grounds for inviting the court to make such an order, and suggested prohibitions which the order should contain. Police Officers should make representations regarding restraining orders using the forms MG5 and MG 6 when providing information about restraining orders to prosecutors. These should specifically confirm whether the views of the victim s or other named person in the order have been obtained.
Where such information is not received with the case file, prosecutors should confirm promptly with the police that a restraining order is required by the victim. In such instances the prosecution should not object to the victims' wishes but inform the court as ultimately it will be a matter for the court. A victim should also be given the opportunity to make a Victim Personal Statement.
For further guidance see Victim Personal Statements. Whilst a court can make a restraining order of its own volition, prosecutors also have an obligation to remind sentencing courts of the option of making a restraining order, including when the defendant has been acquitted.
The procedural rules for making applications are set out in Part 50 of the Criminal Procedure Rules. These apply in both the magistrates' court and the Crown Court. It is important that sufficient notice is given to a defendant when an application for a restraining order is made. In R v K [] EWCA Crim the court ruled that a person to whom a restraining order is directed should be given a proper notice, an opportunity to consider what is proposed and to make representations at a hearing.
The need to give the defendant an opportunity to address the court whether a restraining order was necessary was again endorsed in R v Trott Peter [] EWCA Crim The Crown offered no evidence and a formal verdict of not guilty was entered by the court. The Crown then applied for a restraining order. If you have questions about how the law works or what it means, you may need to talk to a lawyer.
You are not required to have a lawyer to obtain the restraining order, but you can have a lawyer represent or help you if you wish. If you believe you cannot afford a lawyer, ask the referral service if there is a legal aid program in your area that might be able to help you. What if I Need an Accommodation or an Interpreter? If you have a disability and need an accommodation, or you are unable to speak English and need a foreign language interpreter, you must tell the court as soon as possible, but at least four days before your hearing.
Tell the clerk that you have a disability and what type of assistance you need or prefer, or which language you speak. Often, a restraining order is obtained in the course of a divorce or legal separation, but you do not have to file for divorce if you only want a restraining order. However, if you want to combine a restraining order with a divorce or legal separation, you probably should see a lawyer for advice.
If you do not have a restraining order and you are the victim of domestic violence, you should call your local police agency. If the police are called to the scene and have probable cause to believe abuse has occurred between spouses, former spouses, or adults who are living together or who used to live together, the police are required to arrest the abuser. The police will give you information on how to obtain a restraining order in your county. Some counties also have shelters for people who have been abused.
Contact an information and referral network in your area for more information. Legal editor: W. George Senft, August Translate this page:. This information is not intended to be legal advice regarding your particular problem, and it is not intended to replace the work of an attorney.
You are at least 18 years old. If you are over 18 and were protected by a restraining order as a child and that order is still in effect, you may ask the court to continue that order. Relationship to Abuser — Family and Household Members. The person who abused you is: 1 your husband, wife or domestic partner; or 2 your former husband, wife or domestic partner; or 3 an adult with whom you are living or did live in a sexual relationship; or 4 an adult with whom you have been in a sexual relationship in the last two years this two-year requirement does not apply to a petitioner who is a minor ; or 5 an adult related to you by blood, marriage caution: legal marriage in this context is distinct from co-habitation or adoption; or 6 the parent of your child.
Meaning of Abuse. If in the last days, the person you wish to restrain has: physically injured you; or tried to physically injure you; or made you afraid that he or she was about to physically injure you or made you have sexual relations against your wishes by using force or threats of force. Note that any time period in which the person who abused you was in jail or lived more than miles from your home does not count as part of the day period.
This means you may still be able to get a restraining order even if it has been more than days since you were abused. When you complete your petition, please make sure that you describe in detail the nature and the dates of the abuse. Danger of Further Abuse: You have to show that you are in danger of further abuse, such as threats from the abuser.
Danger of further abuse can be shown with incidents of prior abuse, even if the prior abuse happened more than days ago. Showing danger of further abuse usually satisfies the requirement to show credible threat to yourself or your child. What Are The Terms of a Restraining Order Ouster — You can ask the court that the abuser move from your residence if you are married to the abuser, or if the residence is jointly owned or rented by you and the abuser, or if the title or lease is held solely in your name.
If you are married you do not have to be on the lease or deed to request a removal. You can ask that the parenting time be supervised and that the abuser has to pay the expenses for the supervision.
A restraining order can only deal with custody and parenting time issues temporarily. In the petition you must specifically state how close the abuser can come to you. Please log in again. The login page will open in a new tab. After logging in you can close it and return to this page. What is a restraining order? When might you a restraining order be granted? Some common examples of when a restraining order is applicable may include: there is evidence that the defendant has targeted the victim in some way for example, criminal damage.
When would a restraining order not be suitable? What are the grounds for getting a restraining order?
How to get a restraining order? How long does it take to get the order? Categories that are considered of significant harm include: Physical abuse Sexual abuse Emotional abuse Neglect. How long does the order last? A restraining order can be both temporary or permanent.
What happens if you breach a restraining order? The sanctions imposed by the courts for breaching a court order can include: Financial fines The loss of individual rights for example, child visitation rights Custodial sentencing A probation period or extended probation period Community service If there has been a breach of an order, the victim will need to provide proof in court. How do I remove a restraining order? Any motion to remove a restraining order must include: The names of both parties The date the courts issued the order Reasons for wanting to end the order In the court hearing, the judge will decide whether to grant or deny the application to remove the restraining order.
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