Can You Get a Same-Day Restraining Order in Lyndhurst, New Jersey?

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If you are in need of immediate protection from someone who has caused you harm or threatened you, you may be able to obtain a same-day restraining order in Lyndhurst, New Jersey. Understanding the process and options available can help ensure your safety and peace of mind.

What this order generally does

A restraining order is a legal order intended to protect individuals from harassment, abuse, or threats. It can prohibit the abuser from contacting or approaching you, and may also grant temporary custody of children or possession of shared property. The specifics can vary based on individual circumstances and the details presented in your case.

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Who may qualify

Common steps in the filing process in New Jersey

The process for obtaining a restraining order can vary, but generally includes the following steps:

Visit your local courthouse or designated agency to file a petition.
Fill out the necessary paperwork detailing your situation and the reasons for the restraining order.
Review your application with a legal advocate or court personnel.
Submit your application and await a hearing, which may occur the same day, depending on the circumstances.

What to bring

To facilitate the process, consider bringing the following items:

Identification (e.g., driver's license, state ID)
Any evidence of threats or abuse (texts, emails, photos, etc.)
Details of incidents (dates, locations, witnesses)
Name and address of the individual you are seeking protection from
Information about any shared children or property

What happens after filing

After filing your petition, a judge will review your case. If the judge determines there is sufficient evidence, a temporary restraining order may be issued immediately. A follow-up hearing will be scheduled, typically within ten days, to determine whether the order should be made permanent.

What if the order is violated

If the restraining order is violated, it is important to take immediate action. Contact law enforcement to report the violation. Violating a restraining order can lead to serious legal consequences for the person who breaches it, and your safety is the priority.

Frequently Asked Questions

1. How long does a same-day restraining order last?
A same-day restraining order, or temporary order, typically lasts until the follow-up hearing, which is usually scheduled within ten days.

2. Is there a cost to file for a restraining order?
In New Jersey, there are generally no filing fees for domestic violence restraining orders.

3. Can I get a restraining order without a lawyer?
Yes, you can file for a restraining order without a lawyer, but having legal assistance can be beneficial.

4. What if I change my mind after getting a restraining order?
You can request to dismiss the restraining order, but it may require a court hearing.

5. Will a restraining order affect the abuser's record?
Yes, a restraining order can affect the abuser's criminal record, especially if violated.

If you want local help, you can privately browse lawyers, therapists, shelters, and hotlines near you at DV.Support.