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When is it appropriate to seek a restraining order?

On Behalf of | Nov 6, 2023 | Family Law

Each individual has the right to feel safe in his or her own home. Unfortunately, there are times when a domestic situation is no longer safe, and it is necessary for that person to take steps to shield his or her own interests. If you are currently unsafe, believe that you could be or feel that your children are under threat, one of the options available to you is to seek a restraining order. This is a type of legal protection available to you that will allow you to make harassing and threatening behavior stop and keep unsafe people away from you.

Protection orders and when to seek one

A restraining order, also called a protection order, is available to those who are currently in harm’s way. By obtaining a restraining order, you can obtain safety from any individual that is currently threatening you or attempting to hurt you. In most cases, a New Jersey court will grant a restraining order in cases that involve stalking, sexual harassment, domestic abuse or assault. When requesting this type of order, the court will evaluate the situation and determine whether it should require the individual to do some or all of the following:

  • Stay away from victims or other family members.
  • Stop all forms of communication, even if it is through another person.
  • Refrain from contacting the children or visiting them without supervision.

A restraining order or protective order can also require a person to do certain things, such as conduct regular drug testing, pay child support as ordered, turn over firearms to police, continue making mortgage payments and more. There are both temporary and permanent restraining orders, and the court will determine which is best for the individual situation. A court may also consider an emergency restraining order or criminal protection order in cases where there is an immediate concern about safety.

Protect yourself and your family

Restraining orders are sometimes an unfortunate part of contentious or acrimonious family law cases. Regardless of why you may need a restraining order, you will benefit from seeking guidance regarding your legal options as soon as possible. Getting an order can help bring peace of mind during a difficult time, allowing you to take other important steps and make other critical decisions without the threat of harm.