What Are the Penalties for Elder Abuse in NJ?
Reviewed by Mark P. McAuliffe
Quick Summary: Obtaining a TRO in NJ
- Where to File: Apply at your local police department (evenings/weekends) or at the Superior Court intake offices during business hours.
- Immediate Protection: Police can contact a municipal court judge directly to grant an immediate Temporary Restraining Order (TRO).
- Final Hearing: A final court date is typically scheduled within 10 days to determine if the order becomes permanent.
- Preparation: Gather critical evidence (texts, photos, videos, police reports) before the hearing, which may be held in person or remotely.
- Available Resources: Victims have access to temporary housing, financial assistance, and pro bono legal advice through the Superior Court.
New Jersey has two forums for assisting victims who seek the issuance of a temporary restraining order. On evenings and weekends, the victim can apply for a restraining order at their local police department during business hours. Police departments are generally very busy, so they refer domestic violence victims to the intake offices at the Superior Court for the application and issuance of domestic violence restraining orders.
How to Obtain a Temporary Restraining Order in New Jersey
In order to obtain a TRO in Bergen County, you must first file a domestic violence case with your local police department or court intake, at which point you can apply for the order. During this process, you will explain to the intake officer or police officer your circumstances. If you are applying through the police, they can contact a municipal court judge to grant a temporary restraining order.
From here, you should have a final court date scheduled approximately 10 days from filing to determine if the order should be made permanent. Before attending this final hearing, it is crucial to gather various forms of evidence needed to prove your case. Evidence commonly utilized in these matters includes police records, photos and videos, electronic communications, and any other evidence you have that can strengthen your claim. You should also note that, depending on the court, your hearing may occur in person, over the phone, or through a video conference.
Victims of domestic violence are afforded numerous resources at the Superior Court level, including temporary housing, financial assistance, and pro bono legal advice through the court system. It is essential that domestic violence victims take advantage of legal resources in seeking to protect themselves from not only the violent abuse and emotional abuse that they may have been suffering, but also to avoid the dangerous cycle of domestic violence that plagues the victimized in New Jersey.
Contact Our Experienced Bergen County Family Law Firm Today
If you need an experienced attorney to help you seek safety from an abuser, the legal team at McNerney & McAuliffe is here to help. Contact our firm today.
