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Who May Obtain A Restraining Order

Manalapan NJ Restraining Order Attorney

The New Jersey Domestic Violence act is a law designed to provide relief to “victims of domestic violence.” The act protects any person who is eighteen years of age or older or who is an an emancipated minor and has been subjected to domestic violence by a person who is a present or former household member or a person with whom the victim has a child in common or with whom the victim anticipates having a child in common if one of the parties is pregnant.  Several different classes of “victims” potentially fall within this definition such that they may obtain a restraining order. The key to qualification is that they are or were household members with the accused. While qualification as a “household member” does not require residing together, the relationship must be more than a casual dating or sleep over scenario. The factors to be considered by a court in determining whether someone is a household member including:

  1. Consisttancy of relationship;
  2. Frequency of overnight stays at a residence;
  3. Financial arrangements with respect to residence;
  4. The amount of personal items at the residence; and
  5. Familiarity with family members, for example, children at the residence.

For more information regarding a domestic violence case, do not hesitate to call our office and speak to an experienced Monmouth County Criminal Lawyer.