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Domestic Violence & Restraining Orders

Allegations of domestic violence initiate a number of actions that can effectively protect victims of abuse, including the exclusive possession of the family residence, custody of children, medical coverage for the victim, and limitations on visitation with children. These same measures can make domestic violence allegations an attractive option for people dealing with divorce issues, and at times may be used for the wrong reasons.

In New Jersey, it is easy to get a temporary restraining order. Many people believe that domestic violence involves some sort of physical abuse. However, any of a number of actions can be charged as domestic violence, including:

  • assault
  • burglary
  • criminal mischief
  • criminal restraint
  • terroristic threats
  • criminal sexual contact
  • criminal trespass
  • false imprisonment
  • harassment
  • homicide
  • kidnapping
  • lewdness
  • sexual assault
  • stalking

Within ten days of a temporary restraining order being issued, a hearing will be held to determine whether a permanent restraining order should be issued. It is critical to have legal representation at this hearing, because if a permanent restraining order is issued, it is permanent, and cannot be set aside. Consequences can include punitive damages, ongoing support to victim, and the inability of the abuser to hold some jobs.

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