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New Jersey Divorce and Filing NJ Domestic Violence Complaints and NJ Temporary Restraining Orders - When, Where and How

Sep 8, 2016 @ 02:11 PM — by Michael Green

New Jersey Divorce and Filing NJ Domestic Violence Complaints and NJ Temporary Restraining Orders - When, Where and How.  Often in a divorce process, there comes a time when unfortunately it is necessary for one party or the other to file a domestic violence complaint for a temporary restraining order.  There may have been harassment, terroristic threats, an assault, kidnapping or a battery.  When, Where and How to file are often the related questions that come up.  The domestic violence statute in some ways mirrors the statutes in municipal court for filing complaints that will be dealt with by the New Jersey municipal court that may or may not be quasi-criminal.  Alternatively, a domestic violence matter is a civil proceeding that is ultimately held in family court and any New Jersey FRO or final restraining order is a civil order not a criminal one.  However, a violation of a NJ  FRO may be a criminal offense in and of itself.  

A domestic violence complaint may be filed through your local police station or through the local county family court where you or the other party lives.  If filed at a municipal court, generally, you will make your domestic violence complaint with the police and they in turn will call a Judge that will make a determination as to whether or not you meet the elements of the domestic violence statute that allows you to be granted a NJ temporary restraining order or TRO.  If granted a TRO, generally, an FRO or Final Restraining Order hearing is ordered within ten days for a final determination to be made in NJ Family Court in the county of the TRO.  At the same time a domestic violence complaint is filed, a party may choose to file a complaint for the same incident with the municipal court, so for example, you could have a harassment claim as part of your NJ TRO allegations and file a harassment claim in municipal court as well.  The municipal court claim is pursued by the local prosecutor on your behalf, as opposed to a domestic violence harassment claim, which is ultimately determined by the New Jersey Family Court Judge of your county.  If you have a domestic violence complaint or TRO or you wish to file or have an FRO or final restraining order hearing, please call us at our office in East Brunswick or Fort Lee for a free consultation at 732-390-0480 or 201-242-1119 with our NJ divorce lawyer or NJ divorce attorney or NJ domestic violence lawyer or NJ domestic violence attorney.  We offer flat fees for specific services and offer divorce free consultations or New Jersey domestic violence free consultations at night.

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