Back in the 1950s, Connie Francis sang the song “You Always Hurt the One You Love.” It was a remake previously done by other artists. Although the lyrics are not necessarily about domestic violence, the one you love or loved could hurt you. And, you need to know what to do if that’s the case.
We’ve written before about domestic violence and restraining orders. When a loved one harms you, you may feel helpless. You may be concerned about the attention you will get calling the police to assist you. Of course, you may also feel angry. Domestic violence causes an array of emotions. However, if you fear for your safety or your children’s wellbeing, you need to know what to do.
Unfortunately, there is a misconception that women are the only victims of domestic violence. A 2014 summary report from the New Jersey State Police concluded that females were victims in seventy-five percent of the cases. However, the numbers may be skewed. There’s a strong possibility that many men were just too embarrassed to make a report.
What is Domestic Violence?
For starters, you need to understand what constitutes domestic violence. The New Jersey Prevention of Domestic Violence Act is the short title of the dealing with domestic violence. Only certain parties may seek relief under this statute. Present and former spouses are among the group.
The law lists nineteen acts that are defined as domestic violence. Some, like homicide, assault, and criminal restraints are obvious. Others include lewdness, stalking, and harassment. You can review the complete breakdown here.
Making a Domestic Violence Complaint
If you are the victim of domestic violence, you should contact your local police department. Law enforcement officials have very specific training when it comes to domestic violence matters. Your safety is their first concern, and they will guide you through the process of obtaining a temporary restraining order, also referred to as a “TRO.”
The timing of the request for a temporary restraining order dictates the court that may consider it. For example, if you reside in Essex County, you can go directly to the court tomake a domestic violence complaint between the hours of 8:30 am. and 3:30 pm. The same hours apply to residents of Hudson County. Those who live in Morris County must appear before 3:00 pm.
Municipal court judges have the authority to issue temporary restraining orders. Your local police department will be instrumental in finding a judge to consider your request.
The word of the victim is the basis for the temporary restraining order. In many cases, the defendant may not even realize you have applied for protection. Notably, domestic violence complaints are civil matters. However, there may also be criminal charges arising from the same actions.
The TRO will place specified restrictions regarding contact. More than likely, this could include removal of one spouse from the home. The defendant will have an opportunity to reply to any claims at a hearing for the final restraining order.
Final Restraining Order
The victim and the defendant will both be advised to appear in Superior Court for a hearing concerning placement of a final restraining order. It is advisable to have an experienced family law attorney accompany you to court.
Both parties will have an opportunity to present their version of the alleged acts concerning domestic violence. The judge will consider the testimony and any relevant evidence. If a final restraining order is granted, only the court can dismiss it.
Contact Us
Domestic violence can be a frightening experience. If you are confronted with a situation that makes you feel helpless, the Law Offices of Sam Stoia can guide you through the process. There is no charge to meet with us. Contact us to learn your legal options.