A restraining order is an order of protection obtained through the Court system by the victim who has been the subject of domestic violence under the statute. Domestic violence is defined under the statute as the occurrence of one or more of the following criminal offenses:
a. Homicide – N.J.S.A. 2C:11-1;
b. Assault – N.J.S.A. 2C:12-1;
c. Terroristic Threats – N.J.S.A. 2C:12-3;
d. Kidnapping – N.J.S.A. 2C:13-1;
e. Criminal Restraint – N.J.S.A. 2C:13-2;
f. False Imprisonment – N.J.S.A. 2C:13-3;
g. Sexual Assault – N.J.S.A. 2C:14-2;
h. Criminal Sexual Contact – N.J.S.A. 2C:14-3;
i. Lewdness – N.J.S.A. 2C:14-4;
j. Criminal Mischief – N.J.S.A. 2C:17-3;
k. Burglary – N.J.S.A. 2C:18-2;
l. Criminal Trespass – N.J.S.A. 2C:18-3;
m. Harassment – N.J.S.A. 2C:33-4; or
n. Stalking – N.J.S.A. 2C:12-10.
When a restraining order is first issued, it will be temporary until there is a full hearing as Defendant has a right to be heard and defend against the allegations made against him. If you are awarded the temporary restraining order, Defendant will be served with a copy of the order. You and Defendant will need to appear in Court for a full hearing as to the allegations within ten (10) days thereafter. An experienced attorney would be able to guide you through the process especially at the final hearing.
Part 1 of 3…Check back here for more information on this topic on April 2, 2013. [posted by Lynda Picinic, Esq.]
