인프런 커뮤니티 질문&답변

When faced with harassment, abuse, threats or violence from another person, seeking a civil protective order can provide crucial legal protection and peace of mind. In New Jersey, victims have multiple options for obtaining a Civil Protective Order In New Jersey depending on their specific circumstances. However, the process can seem daunting for those unfamiliar with the legal system. This guide aims to walk you through the key steps for navigating the civil restraint relief process in the Garden State.

What is a Civil Protective Order?

A Civil Protective Order In New Jersey is a court order that restricts the conduct of an alleged offender towards a victim. It legally prohibits the offender from contact, communication, proximity or other acts that may constitute further harassment, abuse, threats or violence. Disobeying a protective order is a criminal offense that can result in fines or jail time.

Types of Orders Available

New Jersey offers two main types of civil protective orders based on the relationship between the involved parties:

1) Domestic Violence Restraining Order

This order applies when the parties have a domestic relationship as spouses, former spouses, household members or dating partners. It aims to prevent further acts of domestic violence, assault, harassment or criminal sexual contact.

2) Non-Domestic Violence Restraining Order  

Also known as a sexual assault restraining order, this protects victims from harassment, stalking, sexual assault or other criminal acts by people they do not have a domestic relationship with, such as acquaintances, coworkers or strangers.

Eligibility and Evidence Requirements

To obtain a Civil Protective Order In New Jersey, you must be able to demonstrate that you are a victim who has suffered from qualifying acts of violence, threats, harassment or abuse. Evidence can include police reports, medical records, witness testimony, texts/emails from the offender and other documentation.

For a domestic violence order, the court will look for incidents of assault, harassment, criminal sexual contact, terroristic threats, criminal restraint, false imprisonment or other predicate acts of domestic violence defined by state law.

Non-domestic orders require evidence of criminal acts like harassment, stalking, sexual assault, threats or other criminal offenses committed by the alleged offender.

The Application Process  

Civil Protective Order In New Jersey applications must be filed through your county's Superior Court. The first step is to obtain a temporary restraining order (TRO) which provides immediate protection until a final hearing.

To get a TRO, you'll need to complete written complaints/allegations along with your evidence. The court will review your case and, if it meets the criteria, will issue a TRO valid for approximately 10 days until your final restraining order hearing.

At the final hearing, both parties can present witnesses and evidence. If the judge finds your allegations substantiated by a preponderance of evidence, a final restraining order can be issued which will remain in effect permanently unless you request to have it terminated or modified down the line.

Remedies and Provisions

Civil Protective Orders In New Jersey contain legally-binding provisions to prevent the offender from committing further acts of abuse, violence or victimization. Typical provisions can include:

- Prohibiting offensive contact, communication, stalking or other harassment

- Ordering the offender to stay away from the victim's home, workplace and other locations

- Granting the victim temporary custody of minor children

- Requiring the offender to attend counseling or domestic violence intervention programs

- Ordering offender to pay compensatory damages or monetary compensation for losses

- Forbidding offender's access to weapons or firearms

The court aims to tailor the specific provisions to adequately protect the victim's safety and rights based on the circumstances of each case.

Conclusion:

While the process can seem intimidating, obtaining a Civil Protective Order New Jersey is a crucial option for victims of harassment, abuse or violence to legally safeguard their wellbeing. By understanding the types of orders, eligibility criteria, and application proceedings, victims can proactively take steps to navigate the restraint relief process effectively. With a protective order in place, offenders will be legally barred from further acts of harm or victimization, allowing the protected party to finally experience the security and peace of mind they deserve.