Ask Ava, Episode 32: "How Do Restraining Orders Work?"

Episode 32: "How Do Restraining Orders Work?"

Transcript

Today, we’re talking about how restraining orders work and what minors need to know. This is Jessica Skultety, Community Outreach Associate at Safe+Sound Somerset, Somerset County New Jersey's lead domestic violence organization, providing services at no charge for survivors of dating and domestic abuse for over 40 years. 

Today's question from local teens is: How do restraining orders work? 

Restraining orders are part of the legal process and can be filed by both minors in some cases, and adults. Today we’re just talking about the basics in the state of New Jersey – there’s a lot more information according to the law. If at any point you have further questions about your own situation, please reach out to Safe+Sound Somerset’s 24/7 text or call hotline for information at 866-685-1122. 

So first, what is a restraining order? It is a legal document meant to protect someone. It tells the defendant, or the person the order is against, to stay away and stop all communication with the person applying for protection (also known as the victim or plaintiff). This temporary order lasts until both people come to court for a final hearing, or about 10 days in New Jersey. The plaintiff can dismiss or get rid of the order at that time, or apply to make the order final or permanent. The judge then makes the decision. 

In order to apply for a restraining order in NJ, a person must be at least 18 years old OR an emancipated minor. To be an emancipated minor, someone must be under 18 and must have been married, entered military service, has a child, is pregnant, or has at some point been determined emancipated by a court. So, to be clear, if someone is under 18, they can only apply for a restraining order if they’re an emancipated minor.  

Someone can apply for a restraining order against different people including: 

-Someone you have dating or dated, 

-A spouse or former spouse (or someone you are legally married to) 

-Any present or former household member – roommates count, 

-Or someone with whom you have a child in common or are expecting a child with 

There must be proof that an act of domestic violence has occurred, which includes threats to the safety and wellbeing of someone, or a crime that involves serious  injury or risk of death. Some of these acts include physical assault, terroristic threats, kidnapping, sexual assault, cyberharassment, and stalking. There are more examples in the New Jersey Code of Criminal Justice for what an act of domestic violence looks like.

If you apply for a restraining order, here’s what to expect. First, especially if you’ve been granted a temporary restraining order, reach out to Safe+Sound Somerset through our text or call hotline at 866-685-1122. Our legal advocates can talk to you specifically about your situation. This is a free service. 

Here is a quick look at what happens: The victim or plaintiff will meet with a hearing officer to take testimony or document what happened. It’s times like this where documenting, and sharing specific screen shots, dates, text messages, recordings, photos, etc. can help to show what has happened. Then, the hearing officer decides whether or not to grant a temporary restraining order. 

If the order is NOT granted, the plaintiff has the option to appeal or ask for reconsideration from the judge that same day. Once a temporary restraining order is official, the defendant is served or given the order, and both people are given a court date to return for the final hearing. At this final hearing, there will be a trial if the plaintiff wants to have a permanent or final restraining order put in place. 

These are just the basics of applying for a temporary restraining order and how it works. If you want more information or have specific questions about restraining orders, again, text or call our 24/7 hotline at 866-685-1122. 

 Want to “Ask Ava” a question? Visit our website at www.safe-sound.org/ask-ava. Thank you for listening today. Join us next time here on Ask Ava.