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What are the different types of restraining orders?

New Jersey residents who have been the victims of domestic violence may be interested in learning about the benefits and merits of different restraining orders. Applicants are required to file a petition in their residing county, the respondent's residing county or the county where the inciting incident occurred. New Jersey residents may either apply for a final restraining order, a temporary restraining order or an emergency restraining order. The type of restraining order issued typically depends on how imminent the judge believes the threat to be.

Under a final restraining order, both parties are afforded the opportunity to provide their own testimony in court. There may also be evidence and witnesses present at the trial. Final restraining orders may be indefinite, unless the judge establishes an expiration date. In addition, either party may file a motion to have the judge consider modifying an existing order.

Temporary restraining orders may be issued during regular business hours if the petitioner cannot wait until a formal trial to request a final restraining order. The order may be granted in an attempt to protect the petitioner's well-being, health or life from some imminent threat. These types of restraining orders are granted without the abuser being in court. The order last approximately 10 days until the hearing date on the final restraining order. Emergency restraining orders may be obtained through the police or 911 outside of regular business hours.

People who need more information about restraining orders typically benefit from contacting legal counsel. Lawyers may be effective at examining the situations and helping domestic violence victims obtain the appropriate protection for their own welfare or any children that may be involved.

Source: WomensLaw.org, "Restraining Orders", accessed on Jan. 9, 2015

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