Emergency Protective Order
If you or a loved one has been the victim of domestic violence, the court may issue an emergency protective order. Here is some important information you should be aware of.
Emergency Protective Order | Domestic Violence
In New Jersey, domestic violence is defined by law as the occurrence of one or more offenses listed in the Prevention of Domestic Violence Act of 1990 against another person. The listed offenses include assault, murder, kidnapping, terroristic threats, criminal restraint, sexual assault, false imprisonment, lewdness, criminal sexual contact, burglary, criminal mischief, criminal trespass, harassment, or stalking.
Victims of domestic violence are defined as someone who is 18 years of age or older or an emancipated minor who experienced violence by a:
- Former spouse
- Any person who is part of their present or former household
Although New Jersey domestic violence law applies to people 18 years of age (or older) or emancipated minors, there are some instances where age isn’t considered.
Emergency Protective Order | Provisions
A victim of domestic violence may pursue an emergency protective order. The judge may include provisions that keep the alleged perpetrator from returning to the premises, seizure of weapons, stop the alleged perpetrator from possessing a weapon, give possession of shared pets to the victim, give the victim exclusive possession to the home, list temporary child custody and parenting plan, order the perpetrator to compensate the victim for losses that resulted from the incident, order the perpetrator to counseling or to have a psychiatric evaluation, prohibit contact with the victim, and require the perpetrator to pay the victim’s living expenses.
Not all New Jersey protective orders will include all of these provisions. Every case is unique and if you’ve been accused of domestic violence, you should seek the services of a New Jersey Domestic Violence Lawyer.
If you or someone you know is a victim of domestic violence seeking an emergency protective order, please contact our New Jersey domestic violence lawyer today to schedule a free consultation.