Domestic Violence Protection Attorney

You Are Not Alone

If you are experiencing abuse at the hands of a partner, spouse, or household member, you are not alone, and you do not have to face this crisis without experienced legal support. New Jersey's Prevention of Domestic Violence Act (N.J.S.A. 2C:25-17 et seq.) provides powerful legal tools to protect you and your children from further harm. At Raghnal Burroughs, our attorneys approach domestic violence matters with the sensitivity and urgency they demand. We are here to guide you through every step of the legal process, from obtaining an emergency restraining order to navigating the longer-term protective measures that will keep you safe.

What Constitutes Domestic Violence Under New Jersey Law?

New Jersey law defines domestic violence broadly. Under N.J.S.A. 2C:25-19, the Prevention of Domestic Violence Act applies to acts of domestic violence committed by an adult or emancipated minor against a protected person, including a current or former spouse, household member, person with whom the victim has a child, or a dating partner.

The statute identifies nineteen qualifying predicate acts that constitute domestic violence:

1. Homicide (N.J.S.A. 2C:11-1 et seq.)
2. Assault (N.J.S.A. 2C:12-1)
3. Terroristic threats (N.J.S.A. 2C:12-3)
4. Kidnapping (N.J.S.A. 2C:13-1)
5. Criminal restraint (N.J.S.A. 2C:13-2)
6. False imprisonment (N.J.S.A. 2C:13-3)
7. Sexual assault (N.J.S.A. 2C:14-2)
8. Criminal sexual contact (N.J.S.A. 2C:14-3)
9. Lewdness (N.J.S.A. 2C:14-4)
10. Criminal mischief (N.J.S.A. 2C:17-3)
11. Burglary (N.J.S.A. 2C:18-2)
12. Criminal trespass (N.J.S.A. 2C:18-3)
13. Harassment (N.J.S.A. 2C:33-4)
14. Cyberstalking (N.J.S.A. 2C:33-4.1)
15. Stalking (N.J.S.A. 2C:12-10)
16. Criminal coercion (N.J.S.A. 2C:13-5)
17. Robbery (N.J.S.A. 2C:15-1)
18. Contempt of a domestic violence order (N.J.S.A. 2C:29-9)
19. Any other crime involving risk of death or serious bodily injury

Many victims are surprised to learn that domestic violence is not limited to physical assault. Stalking, harassment, cyberstalking, and criminal coercion all qualify. If you are uncertain whether what you have experienced meets the legal threshold, speak with our attorneys. We will evaluate your situation honestly and without judgment.

How to Obtain a Restraining Order in New Jersey

Step 1: Temporary Restraining Order (TRO)

A Temporary Restraining Order is available immediately, twenty-four hours a day, seven days a week. During business hours, apply at the Family Division of the Superior Court in your county. After hours, contact your local police department, which has authority to issue a TRO in an emergency.

A TRO can:

• Order the defendant to have no contact with you or your children
• Remove the defendant from your shared home, even if the home is in the defendant's name
• Award you temporary custody of your children
• Prohibit the defendant from possessing firearms or weapons
• Order the defendant to pay emergency support
• Grant you temporary exclusive use of a joint vehicle

Step 2: Final Restraining Order (FRO) Hearing

After a TRO is issued, the court schedules a Final Restraining Order hearing, typically within ten days. At this hearing, both parties appear before a Superior Court judge. The plaintiff must prove by a preponderance of the evidence that:

1. The defendant committed one or more predicate acts of domestic violence under N.J.S.A. 2C:25-19; and
2. A final restraining order is necessary for the plaintiff's protection.

The FRO hearing is adversarial. The defendant will have an opportunity to present their side. This is why legal representation at the FRO hearing is critical. Our attorneys prepare thoroughly: gathering evidence, preparing your testimony, anticipating the defendant's arguments, and presenting a compelling case for your protection.

A Final Restraining Order has no expiration date in New Jersey. It remains in effect permanently unless vacated by the court. Violations of an FRO are criminal offenses.

Protecting Children in Domestic Violence Cases

When children witness or are subjected to domestic violence, the implications extend beyond the immediate protective order. New Jersey courts treat exposure to domestic violence as a factor relevant to child custody determinations under N.J.S.A. 9:2-4. A history of domestic violence can significantly affect how a court allocates parenting time and decision-making authority.

Our attorneys coordinate domestic violence proceedings with custody matters to ensure your children's safety is addressed comprehensively. In cases of immediate danger, we can seek emergency custody relief simultaneously with a TRO application.

Divorce and Domestic Violence

Many survivors need to simultaneously address both their immediate safety and the dissolution of their marriage. A restraining order does not prevent a divorce from proceeding. A pattern of domestic violence is relevant to alimony, equitable distribution (when marital assets were dissipated through abusive conduct), and custody.

Defense Against False Allegations

Our firm also represents individuals who have been falsely accused of domestic violence. False allegations do occur, sometimes as tactical maneuvers in contentious divorce or custody disputes, and the consequences of an unjust restraining order are severe.

If you have been served with a TRO based on false or exaggerated allegations, our attorneys will:

• Review the domestic violence complaint in detail and identify its weaknesses
• Gather evidence (text messages, emails, witnesses, security footage) that supports your account
• Cross-examine the plaintiff at the FRO hearing effectively
• Present a persuasive defense to avoid a permanent restraining order

Frequently Asked Questions About Domestic Violence Protection

How do I get a restraining order in New Jersey?

You can apply for a Temporary Restraining Order at the Family Division of the Superior Court during court hours, or at your local police department after hours. You will complete a domestic violence complaint describing the incident(s). A judge reviews your complaint and, if satisfied that an act of domestic violence occurred, issues the TRO, often within hours. The TRO remains in force until the Final Restraining Order hearing, typically scheduled within ten days.

What qualifies as domestic violence under New Jersey law?

Under N.J.S.A. 2C:25-19, domestic violence encompasses nineteen specific predicate acts, ranging from physical assault and sexual assault to stalking, harassment, cyberstalking, criminal coercion, and terroristic threats, when committed by a current or former spouse, household member, co-parent, or dating partner. Domestic violence is not limited to physical violence. If you are unsure whether your situation qualifies, call us at (908) 941-9319 for a confidential consultation.

Contact Our Domestic Violence Attorneys

At Raghnal Burroughs, our attorneys understand that reaching out for legal help takes courage. We handle every domestic violence matter with strict confidentiality and the urgency it deserves. We serve clients throughout New Jersey from our Livingston office.

Call us at (908) 941-9319 to speak with an attorney today. If you are not able to call safely, please use our confidential contact form, and we will reach out to you discreetly.