Obtaining A Restraining Order Prior To Divorce

Are you worried for your safety in your marriage or recently following your divorce? Millions of Americans are subjects of domestic abuse including:

• Physical assault
• Verbal abuse
• Sexual harassment
• Stalking
• And more

If you have experienced any of these recently from your spouse or ex-partner, you may be able to obtain a restraining order in New Jersey in order to keep yourself safe.

When you need an experienced divorce or family lawyer in New Jersey to help you with the tough and sensitive process of ending a marriage, the Law Office of Jordan B. Rickards is here to assist you. Whether you and your spouse are splitting amicably or if there is domestic abuse involved and you need to obtain a restraining order, our law firm can help you achieve the outcome you desire.

A Temporary Restraining Order

If you fear for your safety due to recent assaults, verbal threats, or other reasons, you can file a complaint in court which will ask for a temporary and immediate restraining order against the person you are worried about — often a current or ex-spouse. The judge will examine the situation and grant the restraining order if they see that it is necessary to protect you. In most cases, this hearing will be without the presence of the person you are seeking to get the order against, and the judge will make the decision based on the evidence you can provide.

In the event that courts are not in session, you can file a complaint with the municipal court or the police, as there will generally be a municipal judge who can issue a temporary restraining order for your situation.

Once you have obtained a temporary restraining order, the other party cannot contact you or communicate with you. It also will impose physical boundaries so that they cannot come near you. This temporary order will usually last about 10 days, which is usually how long it takes to schedule a hearing regarding permanent, final restraining orders.

A Final Restraining Order

While obtaining the temporary restraining order hearing may have seemed simple, the process for obtaining a final restraining order is much different. In this case, you and the person you have accused of abuse, stalking, harassment, or other damages will be in the courtroom and will also have a chance to provide their own testimony and evidence. During these proceedings, you will be able to provide evidence such as:

• Written communication
• Voicemails
• Text messages
• Medical records
• Witness testimony
• And more

You will work with your lawyer to ensure you have created a thorough and sound case so that you can hopefully receive the restraining order.

Once both you and the person in question have provided evidence, the judge will issue the ruling, and likely grant your final restraining order if there is likely to be further abuse.

Hire An Experienced Family Lawyer In New Jersey

It is an unfortunate truth that marriages can end in rough times with domestic abuse, or an angry ex-spouse can resort to stalking after a marriage is over. If you are in need of a restraining order in New Jersey, contact the Law Office of Jordan B. Rickards, and our experienced divorce lawyer will work with you closely and quickly to ensure your safety.