This blog entry is a continuation of the entry posted on March 22, 2013, and addresses whether or not you meet the criteria to obtain a restraining order under the Prevention of Domestic Violence Act through the Family Division and if yes, where you would go to obtain same. In order to obtain a restraining order under the Prevention of Domestic Violence Act, the victim must meet one of the following criteria:
a. the victim is eighteen (18) years of age or an unemancipated minor and who has been subjected to domestic violence by a spouse, former spouse or any other person who is a present or former household member; or
b. the victim, regardless of age, has been subjected to domestic violence by a person with whom the victim has a child in common, or with whom the victim anticipates having a child in common, if one of the parties is pregnant; or
c. the victim, regardless of age, has been subjected to domestic violence by a person with whom the victim has had a dating relationship.
A temporary restraining order can be obtained from the domestic violence unit of the Family Division in the Superior Court of New Jersey in the county where the victim or Defendant lives, or where the abuse or harassment occurred. If the Courthouse is closed and you are in need of immediate protection, you should go to the local police station or call 911. The police department will contact an emergent duty judge who will speak to you and determine whether a temporary restraining order is needed to protect you.
Part 2 of 3…Check back here for more information on this topic on April 12, 2013. [posted by Lynda Picinic, Esq.]
