Restraining Orders and Domestic Violence Charges
Domestic violence incidents can arise any time. They are especially likely when emotions are already running high — and divorce is one of those times. Emotions can erupt into anger when a marriage ends, especially if the former spouses still share living space.
Experienced Family Law Attorney in Essex County
At the Law Offices of Gary J. Natale, P.C., we are frequently asked to help clients deal with the legal issues of domestic violence. We must be frank: we help clients on either side of the accusations. When clients need information about filing for restraining orders, we give that help. If clients need help fighting back against restraining orders, we will provide that assistance too.
Because restraining orders or charges of spousal abuse can make a divorce much more difficult to resolve, we always counsel our clients very carefully when these issues arise. Contact us today to discuss your options.
Restraining Orders: How to Petition
Petitions for restraining orders are made with the municipal court, not with the criminal court. The person who claims they have been assaulted or threatened can also file a criminal complaint and, if they do, the person accused of domestic violence may face criminal charges as well as the restraining order petition.
To petition for a restraining order (sometimes called an order for protection), you make the request to the municipal court and present some evidence of assault, threats or harassment. The judge can grant a temporary restraining order request without the attendance of the person against whom the order will be entered.
The temporary order will last for 10 days. Within that 10-day time frame, the petitioner has to go back to court and give evidence before a family court judge, who will determine whether a more permanent restraining order should be entered.
A restraining order can be written in such a way that it forces a spouse or partner out of the house, or prevents him or her from spending time with his or her children.
Each party in restraining order cases deserves legal representation by an attorney who understands all the facts behind the petition. Attorney Gary Natale is a lawyer who will present his client’s case in a credible and professional manner and make sure his client is not taken advantage of by the process.
Contact Our Essex County Law Firm for a Free Consultation
We will treat your concerns with the seriousness they deserve, and we will spend as much time as necessary to help you determine the best legal option for you to take.
Contact us today to make an appointment for a free initial consultation.