How to File a Restraining Order in Middlesex County NJ
If you feel that your safety is in danger due to the threat of violence from another person, you may be considering filing a restraining order. However, you should know that restraining orders are not available to everyone. You need to be eligible for a restraining order under the New Jersey Prevention of Domestic Violence Act. Then, there are a number of ways you can file a restraining order in Middlesex County, NJ. Continue reading for what you need to know about getting a restraining order in New Jersey.
Who can file a restraining order in NJ?
In order to obtain a restraining order in New Jersey, you must be an adult (or an emancipated minor) and a victim of domestic violence if you wish to file a restraining order against your current or former spouse, or a current or former member of your household. You can file a restraining order against someone you have a child with or are expecting a child with, or someone you have or have had a dating relationship with, even if you are under 18 years old.
What type of domestic violence qualifies?
To qualify, the domestic violence must constitute one of 14 criminal offenses set forth in the New Jersey Domestic Violence Act including assault, kidnapping, false imprisonment, sexual assault, criminal sexual contact, terrorist threats, burglary, criminal trespass, harassment, stalking, lewdness, criminal mischief, criminal restraint, and homicide.
Where do I file for a restraining order in Middlesex County, NJ?
If the police respond to a domestic violence call, they are required to arrest the domestic violence subject. At that point, the police can contact an on-call judge to request a temporary restraining order (TRO).
If you wish to file for a restraining order at a time other than when the police are responding to a domestic violence call, you can do that as well. A restraining order can either be filed in the county where the parties live or the county where the domestic violence occurred. First, you should file for a TRO. In Middlesex County, NJ, you can file for a TRO at Middlesex County Family Courthouse Domestic Violence Intake Office located at 120 New Street, New Brunswick, NJ, 08901, Monday through Friday from 8:30 am to 3:30 pm. If need to obtain a TRO right away and it is a weekend, holiday, or after-hours, you can go to your local police department, the police department where your abuser lives, or where the abuse occurred.
What happens next?
A hearing for a final restraining order will take place at Middlesex County Family Courthouse located at 120 New Street, New Brunswick, NJ 08901. If the judge issues the final restraining order, it will be permanent and your abuser will have to register on a domestic violence offender registry.
Are there any other resources available in Middlesex County?
If you are a victim of domestic violence in Middlesex County, NJ, there are other resources that can help you. Women Aware, Inc. is a Middlesex County based organization that provides victims of domestic violence services like safety planning, housing assistance, therapy, advocacy, and more. Women Aware, Inc, is located at 250 Livingston Avenue New Brunswick, NJ 08901. You can call their 24/7 hotline at (732) 249-4504. You can also call New Jersey’s Domestic Violence Hotline at 1-800-572-SAFE (1-800-572-7233) for crisis intervention, referrals, and advocacy.
For additional information and a free consultation with an experienced Middlesex County restraining order lawyer, contact the law offices of Proetta & Oliver in Edison, NJ at (732) 659-9600. One of our domestic violence attorneys is available immediately to assist you.