Common Grounds for Obtaining Restraining Orders in New Jersey

By  //  May 25, 2022

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Many people might not be aware that the judicial system in New Jersey has something called a restraining order. A restraining order in New Jersey is a court order used to protect victims of domestic violence, stalking, or sexual harassment from further harm. Under certain circumstances, obtaining a restraining order may be necessary for a victim of domestic violence in NJ who wants to prevent his/her abuser from contacting them or making unwanted contact with them. 

The following are some reasons why someone may need to obtain a Restraining Order against their abuser in NJ:

■ Assault

An individual may obtain a restraining order if they are a victim of assault. Assault means that the individual is actually injured or threatened (or their property is “damaged”) by their abuser. It can be sexually or physically violent. If someone assaults you, you can ask for a restraining order. 

■ Harassment

A victim of harassment may also file for a restraining order against an abuser if they want to prevent further contact from occurring. For example, if their stalker makes phone calls or leaves messages on their answering machine with no other purpose than to harass them, then they should consider filing for a restraining order against that individual.

■ Stalking

If a victim of stalking feels that they are being stalked by someone, they may consider asking the court for a restraining order. There are many different types of stalking that may be considered harassment and/or assault. For example, the following types of stalking are specifically prohibited:

■ Threatening to commit any crime against you in any way or form

■ Threatening violence against you or anyone else, or knowingly concealing a present threat of violence against you or another

■ Stalking you on foot, by law enforcement personnel, private investigators, delivery persons, or others 

■ Domestic Violence

If someone is physically abusing their spouse then they may also file for a restraining order as well. In order to get a restraining order, the individual must jump through a few hoops. The first thing that the victim of domestic violence needs to do is file a complaint with the court asking for an order. 

■ Kidnapping

If a child is kidnapped, and the child’s parent(s) or custodian(s) file a report with the local police agency and immediately notify the police when they know or should have known that they had been kidnapped, then that parent/custodian may be able to obtain a restraining order against the kidnapper.