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Segalas Law Firm

The Segalas Law Firm - Matrimonial and Family Law Firm - Bergen, Essex, Morris and Passaic Counties, New Jersey

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    • Divorce & Family Law
      • Custody & Child Support
      • Domestic Violence
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Filing a Restraining Order in New Jersey: What You Should Know

Most people would never imagine themselves in a situation involving domestic violence disputes. But too often, an individual will suffer physical, verbal, or emotional abuse at the hands of someone they care about. This cycle can be incredibly difficult to break — but if and when it is, you may find that you need help from a domestic violence attorney to move forward with your life.

For some, filing a restraining order may be a necessary course of action in order to stay safe. Let’s talk about some situations that may warrant the filing of a restraining order and how to assess whether this is a viable option for your situation.

What Are Some Valid Reasons For Filing a Restraining Order?

In New Jersey, there are a few different types of orders that can be filed against an individual who has done harm to you. Sexual assault protective orders, for example, may be issued to those who are victims of sexual assault or other non-consensual forms of sexual contact. However, these protective orders are intended for those who do not have established intimate relationships with their attackers. Domestic violence restraining orders are meant to be served to a current or former spouse, household member, co-parent, or person involved in an intimate relationship with the victim. In New Jersey, there are also temporary restraining orders (which have an end date) and final restraining orders (which are granted indefinitely).

There are a number of reasons that a person might be advised to file a restraining order. Of course, physical abuse is one of the most obvious. Nearly 20 people in the U.S. are physically abused by an intimate partner every minute, but not all physical abuse looks the same. Physical assault and sexual assault are common reasons, but events like kidnapping, false imprisonment, burglary, criminal trespass, harassment, stalking, cyberharassment, and any other crime that involves the risk of death or serious injury can potentially be a reason to file a restraining order.

How Do I Go About Filing a Restraining Order in NJ?

That said, the unfounded fear of these events isn’t enough to obtain a restraining order. Typically, you’ll need to prove that an act of domestic violence has already occurred in your relationship or that the individual has a documented history of domestic violence. Victims will also need to show that a restraining order is necessary to protect their safety and well-being. For this type of restraining order, it’s also required that you have some kind of intimate connection to the alleged perpetrator; whether you’re relatives who used to live together or you went on a few dates with your abuser, that relationship must be established in order to obtain a restraining order in New Jersey.

Provided that you are eligible to obtain this type of protection, a domestic violence lawyer can assist you in filing a restraining order. Although it isn’t explicitly necessary to secure legal representation in order to get a restraining order, having an attorney’s help can often increase your chances of establishing that you have grounds for the order to be issued. It may also be beneficial to have legal counsel by your side to provide you with valuable resources and a source of strength during this emotionally draining time.

With our experience in this area of legal practice, you’ll be able to reduce stress while safeguarding your well-being. For more information on how we can help during a domestic violence situation, please contact our offices today.

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CLIENT TESTIMONIALS

A true professional
September 29, 2018
A true professional, caring and compassionate - Steven handled a complicated emotional post-divorce matter for me with all of the expertise and grit you would expect from a top Family Law Attorney, but Steven also has a deep care and concern for his clients best interest as a whole long after the matter is settled that I am proud to say for anyone considering him for your matter you should meet him and see for yourself. I'm sure you will feel as confident as I did that he is a Top Choice Attorney.
- Anthony
Great Attorney
June 21, 2018
Steven Segalas truly cares for his clients. He is knowledgeable, kind and a great negotiator! Served as my attorney for a difficult child support case and handled challenges with ease. He’s the one to have on your side. Would highly recommend him.
- Luis
Great Attorney
February 13, 2018
He knows his business as an attorney and keeps you updated. He is not only an advocate in court but outside of it. I cannot recommend him enough.
- Anonymous
Professional and Supportive
July 17, 2015
I absolutely do not know where I would be without him. I went through a 3 year divorce where my ex-husband changed lawyers numerous times. Steven was on top of every single aspect of my case and was there for me every single step of the way, he even spent Valentine’s Day in mediation with me. In addition to handling the divorce, Steven also represented me in my Domestic Violence Case against my ex-husband and secured a FRO (formal restraining order). The trial revealed very personal, embarrassing and painful information. Steven was nothing but professional and supportive. If you are looking for an attorney, you will be in excellent hands with him. Even when you are at your worst, he will hand you a tissue and make you smile!
- Bonnie
Outstanding Family Law Attorney
March 27, 2015
Steven M. Segalas is an outstanding Family Law attorney. I have worked with Steven as an adversary on many cases. Steven is an expert on Family Law. He is always up to date on statutes, Rules of Court and case law which bears on the cases we have handled together. I respect Steven’s strong advocacy for his clients. Steven knows when to fight and when to compromise. This is the true sign of a great Family Law attorney.
- Faith
A Great Attorney
March 16, 2015
A great attorney handled my divorce. My divorce and subsequent child custody matters were quite involved. Mr. Segalas was thoughtful and helpful throughout the process. He employed some out of the box thinking that allowed me to continue to have healthcare for myself and my children during a very trying time in my life. I always felt protected in court. Mr. Segalas was always ready to respond to whatever allegation was made in my direction from opposing counsel. I was very happy with his service.
- Anonymous
Fast-precise-no BS
March 10, 2015
Steve worked his magic to saved me from the X….Saved me thousands! Fast-precise-no BS. I would use Steve without second thoughts knowing you will be in the best of care & guidance!
- Mark
Great Attorney
February 27, 2014
My attorney makes ME a priority. He always explains the legal divorce process in terms that I can understand; and he has the ability to answer all of my divorce questions. The office is well-staffed for the follow up. My attorney has a team of lawyers and legal assistants trained to guide me through the divorce process and fight for my best interests. My attorney always presents a clear plan which includes all steps of divorce, information I need to gather, and a fee schedule. My attorney raise other issues I had not thought of yet that could have significant ramifications for the short-term and long-term success of my divorce. I go with my attorney who addresses my fears and concerns; exudes confidence and feels like a good fit for me ????
- Mark
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Hillsdale, NJ 07642
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Latest News

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DISCLAIMER

The material presented on this website is intended for general information purposes only and is not offered, nor should be construed, as legal advice on any specific matter or circumstance. No aspect of this advertisement has been approved by the Supreme Court of New Jersey. You should consult an attorney for advice regarding your individual situation. The information contained in this website is not intended to create, and receipt of it does not constitute, a lawyer-client relationship nor is it intended to substitute for the advice of an attorney. This website constitutes Attorney Advertising.

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