This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
In order for a plaintiff to obtain a final restraining order against the defendant, the plaintiff must prove by a preponderance of the evidence that a predicate act of domestic violence occurred and that there is a need to be protected from the defendant now or in the future.
A final protective order shall: (1) prohibit the respondent from having contact with the victim; and. (2) prohibit the respondent from committing any future act of nonconsensual sexual contact, sexual penetration, lewdness, stalking, or cyber-harassment, or any attempt at such conduct, against the victim.
Final restraining orders in New Jersey do not expire and show up in a background search indefinitely. Restraining orders are also civil rather than criminal in nature. Because expungement applies to criminal records, not civil records, you cannot generally expunge a New Jersey restraining order.
A final restraining order imposed by a judge can be vacated, or revoked, but requires a special process. Otherwise, it could remain in effect for the rest of your life. Violation of a restraining order can be a criminal offense, even when the protected party wants to lift the order, and consents to contact.
Additionally, you will no longer be protected by the restraining order and will lose the ability to have the defendant arrested for violating the order.
An injunction can last any amount of time. A temporary injunction can last as long as it takes to get the other party served. Until the final hearing, the temporary injunction will be in force. Usually a final hearing date is set within a few days or weeks of a person getting served with a temporary injunction.
What is a Restraining Order in New Jersey? A temporary or final restraining order (also commonly referred to as a "protection" or "protective" order) is a civil order imposed in the Family Court. It is intended to protect victims of domestic violence.
Typically, a Final Protective Order in a family violence case is two years. However, in certain situations it can be issued for up to a lifetime. Final Protective Orders for sexual assault, stalking, and human trafficking can also be issued up to a lifetime.