A restraining order in New Jersey is something passed by the court to ensure the safety of a victim from further damage. Such an order is also known as a protective order. These can be laid down for a short period to prevent the “abuser” from being at a close distance from the victim. At times, just not physical contact, but any means of communication, be it telephone, letters, or texts, everything is prohibited. In such cases, the victim can also be ordered to stay away from places of service of the convicted to avoid communication from both ends.
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Who can receive a restraining order?
A restraining order can simply mean the protection of an individual and the prohibition of certain tasks of another individual. A person who has faced domestic violence, if he has enough evidence against the abuser, can then be provided with protection to avoid any serious harm from the side of the accused.
If you have been convicted of any of the following, you can get a restraining order:
* Harassment
* Sexual Assault
* Stalking
* Kidnapping
* Criminal Trespass
* Burglary, etc.
How long can such an order last?
Such an order, in most cases, is a temporary one. This means it will not provide permanent protection to the victim, instead till the time of a specific date of the hearing. It can be as long as 14 days, until and unless it is extended to a further 14 days. Once the legal process has taken place, you can get a restraining order that can keep your abuser away from your sight for years. In such cases, both parties are given respective chances to present their side of the story in the courtroom with the help of attorneys.
What if someone violates the restraining order?
Well, restraining orders are not meant to be violated. You indeed possess some rights for the representation of your lawsuit, but breaching one such order is not an option. In such cases, the police will take action and arrest the one violating the order. If this includes the presence of another crime, the police might charge your abuser with contempt of protective order.
Conclusion
A restraining order is no joke and should not be breached under any circumstances. If you feel it to be an injustice or unfair treatment, the solution to it is getting an experienced attorney by your side. They will help you walk through the legal routes and help safeguard your rig.