Law

Explaining The Kinds of Restraining Order

A restraining order in NJis also referred to as a protective order. The court issues these orders for the protection of a certain person. The orders are granted by judges who ensure that the restrained person does not engage in any activity that can cause danger to the protected individual. The restraining order aims to reduce constant stalking, domestic violence, and threatening situations. If the case involves minors or children, the protected victim is provided full custody of the child when the restraining order is issued. This helps and saves guarding them against the potential dangers of the perpetrator.

A restraining order can be filed if the perpetrator or abuser constantly contacts, calls or texts the victim through messages or emails. Additionally, activities like stocking, attacking, hitting, or giving threats to destroy property or other material of the victim are also included as some of the valid reasons for getting a restraining order. The main aim of filing a restraining order is to prevent harassment and destruction of mental peace so that the victim can be safe and secure.  

Kinds of restraining orders 

  • Emergencies

This kind of restraining order is utilized in domestic violence cases when a law enforcement official states that it is reasonable to take the required measures for the protection of the victim immediately so that they can be saved from the dangerous actions of the perpetrator. It is based on complaints and allegations made by the victims against their abusers.

  • Temporary order

Temporary restraining orders are filed for a short period. For getting a temporary restraining order, it is necessary to establish that the victim will Face immediate harm from their perpetrator If the restraining order is not granted. The order is only valid till the hearing is held in the court regarding the preliminary injunction. It only lasts for 14 days. However, the extension can be made so that it is valid for another two weeks.

  • No-contact. 

In cases of no-contact restraining orders, the restrained person is disallowed to engage in any type of physical or verbal contact with the protected victim. They are not allowed to remain within the protected individual’s prescribed distance. No kind of physical contact must take place between the protected and restrained person. They are not allowed to communicate with protected individuals through cell phones, emails, text, social media, or any kind of communication. The restrain cent is disallowed to enter the premises of the protected victim. They are also prohibited from possessing or purchasing a firearm.

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