Transcript:
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In most domestic violence cases in New Jersey, the alleged victim will go to the local municipal court and request a temporary restraining order. If that’s issued, a hearing is then scheduled before a Superior Court Judge so that he or she can determine whether a final restraining order should be put in place. At that hearing, the judge will determine if there was what we call a predicate act, meaning an act that’s defined under the domestic violence statute. Typically, that’s harassment,
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assault, terroristic threats. If the judge determines that the alleged victim has established that predicate act, then the question becomes does the victim need a restraining order? If both of those requirements are met, then the judge will sign off on a final restraining order. It’s important to know that final restraining orders in New Jersey are both final and permanent. They never go away. The only way you can remove a final restraining order in New Jersey is if one of the parties to that
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order or to the case go back to court and request a dismissal from the judge, which is never an easy thing to do.
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