Bergen County Domestic Violence Attorneys

Temporary & Final Restraining Orders

If you are experiencing harm or the threat of harm from acts such as assault, harassment (including verbal abuse), stalking, or other threatening behavior, by a spouse, former spouse, or a person with whom you have or had a dating relationship, you have recourse by filing a restraining order against them under The Act for the Prevention of Domestic Violence in New Jersey. A restraining order is a legal means of keeping such a person away from you and your family or they will face possible criminal action. If you need to protect yourself, or a restraining order has been filed against you, speak with our experienced Bergen County domestic violence attorneys who are ready to help you.

At Sherwood, Johnson & Poles, clients have access to a firm with over 25 years of experience in Bergen County family law matters including obtaining and defending against restraining orders. In that time, we have successfully handled countless family law issues and we have learned what the most effective strategies are in accomplishing our client’s goals. Trust Sherwood, Johnson & Poles to handle your restraining order with advocacy, compassion and professionalism.

What can a restraining order do for me?

If you have been harmed or are in reasonable fear of future harm, a N.J. Court may first issue a temporary restraining order (TRO), and then schedule a hearing for a final restraining order (FRO) shortly thereafter to determine whether permanent protections should be put into place based upon the preponderance of the evidence.

A TRO is an order imposed by a judge who is convinced that the victim's failure to appear personally is due to exigent circumstances and that adequate reasons for granting the temporary restraining order have been shown. The judge may grant the following under the temporary restraining order to protect the victim from the defendant:

• Returning to the Domestic Violence scene, as well as other places to be decided, is prohibited for the abuser.

• The children are temporarily given to the victim.

• Domestic violence by the offender is forbidden in the future.

• The abuser is prohibited from owning or possessing a firearm or other weapon.

• The abuser is expected to pay the victim temporary child care.

• The victim is granted sole custody of the property.

• The abuser is prohibited from communicating or contacting the victim or the victim's family in any way, whether in person, over the internet, or in writing. This involves compelling or inducing others to do so on the abuser's behalf.

Final restraining orders (FRO) can also give you:

• Sole possession of the home
• Temporary custody of your minor children
• Temporary possession of personal property such as a car, checkbook, ID, keys, etc.
• Emergency financial support from the abuser including support for your children

You can file a petition in the county you live in, where the defendant lives, or where the alleged abuse occurred.

Protect Yourself and Your Future in New Jersey

Our Bergen County family law attorneys are seasoned in handling family law matters and related legal issues. When you need advice as to what your next legal step should be if you have experienced abuse, or if you have been falsely accused of domestic violence and a restraining order has been filed against you, we can fight to exonerate you.