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Temporary Restraining Orders

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Claims of domestic violence can lead to the issuance of temporary restraining orders. A restraining order occurs when a judge orders a person to stay away from and avoid contacting another specified individual. These orders are commonly issued in domestic violence cases, or cases that involve violence or threatening behavior that occurs between significant others, family members or other individuals of certain types of close relationships. Temporary restraining orders are protective orders that are given right away after domestic violence complaints are made—particularly when the court believes that the person making the claim is currently in danger of being harassed or abused. These orders last a limited amount of time and are designed to give the victim immediate protection while he or she takes the steps that are necessary to get a final restraining order issued.

Restraining orders have very serious implications. Individuals can be ordered to stay away from their own husbands and wives, their own children and their own homes. These can be very important tools for protecting innocent victims who find themselves in serious danger. There are also situations, however, in which restraining orders are misused and based on false allegations. For example, one parent might try to use a temporary restraining order to gain the advantage in a child custody battle.

At Amdur, Maggs & Shor, PC, we have experienced Monmouth County divorce lawyers who can help individuals who are dealing with temporary restraining orders, whether they are requesting the protective orders or they are looking to contest temporary restraining orders that have no valid basis. We are committed to helping you protect the best interests of you and your family.

How Temporary Restraining Orders are Issued

To obtain a temporary restraining order, the alleged victim must provide sworn oral testimony, though the testimony does not necessarily need to be made to the judge in person. The judge must be satisfied that the circumstances of the situation merit the order being issued without the grounds for the claim first being proven. The point of a temporary restraining order is to to ensure that the victim's life, health and well-being are protected.

Once this order is issued, a hearing will be scheduled to occur within 10 days. At the hearing, the court will review evidence in the case to determine whether to continue the protective order. Various factors will be reviewed at the hearing, including whether the alleged offender had any history of domestic violence with the alleged victim, and whether the offender has restraining orders against him or her from other jurisdictions, whether any person or property appears to be in immediate danger, along with a number of other factors.

Below are a few of the actions that can be barred through a temporary restraining order:

  • Subjecting the alleged victim to further domestic violence
  • Contacting or attempting to contact the alleged victim
  • Going to the residence, school or place of employment of the alleged victim or of any household members of that individual (or other locations these individuals frequent)
  • Continuing to reside in the same household as the alleged victim

Individuals who are issued restraining orders can even end up losing custody of their children or parenting time. There are also many other consequences that can arise from temporary restraining orders. You can review these consequences with the help of a knowledgeable lawyer.

Seeking Help from a Legal Professional

When dealing with restraining orders, it is best to seek help from someone who is professionally trained in dealing with these types of matters. Amdur, Maggs & Shor, PC's legal team is prepared to handle all types of family law matters, including those that relate to domestic violence and temporary restraining orders. We represent individuals throughout Monmouth, Ocean and Middlesex counties. Do not hesitate to contact us for assistance!

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Amdur, Maggs & Shor, PC - Monmouth County Divorce Attorney
Located at 1 Industrial Way West, Westridge Building B Eatontown, NJ 07724. View Map
Phone: (732) 474-7531 | Local Phone: (732) 389-3800.