Many people tend to be misinformed about filing a restraining order. The lack of information plays a huge role in ruining the case. If you are confused about what kind of evidence or documents are required for getting a restraining order in NJissued by the court, it is suggested to consult a lawyer. The truth and evidence demanded by the jury depend on the kind of case. A professional attorney can help in guiding you about the requirements based on your case.
Temporary Restraining Order
A temporary restraining order does not require any substantial proof or documents. Anyone can file it. Temporary restraining order requests are generally issued in many states on the same day of their filing. Every courthouse has an order for reviewing restraining order requests filed on a specific day. Anyone who requests a restraining order is known as a petitioner. The petitioner must declare the alleged criminal activities are abusive and harassing conduct done by the person they are seeking a restraining order against. They are required to declare it under penalty of perjury. In domestic violence cases, specific evidence is required that helps in showcasing the level of physical or emotional damage perpetrated by the abuser.
The jury assesses the petitioner’s request for a restraining order and all the additional information. If there are any children included in the matter, they will also be considered while granting the restraining order. If it is observed that the child requires protection from the alleged abuser, the court may take the required actions to save them.
Evidence
People over 18 years of age are required to have restraining orders. If someone is filing a temporary restraining order, the type of evidence required to get it granted is not very complicated. The proof must be reasonable. Reasonable proof refers to the lowest level in the court. The temporary order is granted with a restricted period. It is generally valid for only a few weeks till a hearing is held to grant a complete restraining order. A restraining order is filed when the case is extremely severe and the victims face high levels of danger. Due to the lack of substantial evidence required for filing a temporary restraining order, it is difficult to stop the other person from filing against you. However, you can take the necessary steps to ensure that the restraining order is not converted into a permanent one.
