10. How can I get a temporary restraining order (TRO)?
Between the hours of 8:30 a.m. and 3:30 p.m., Monday through Friday, go to the court clerk in the Family Part of your county's Superior Court at the County Courthouse and tell a court employee that you are there to file a TRO. A family court intake employee will give you papers to fill out and ask you to describe what happened during the most recent domestic violence incident. You can ask if there is someone there who can assist you in preparing the papers, which contain a complaint and statement against your abuser. Ask the intake person to explain what will happen when you go into the courtroom. On weekdays between 4 p.m. and 8:30 a.m. the next day, and on weekends and holidays, you must go to your police department to obtain a TRO through a municipal court judge. The police usually take the information for the complaint and call the judge to advise what has occurred. The judge may wish to speak to you on the phone. Then the judge will issue a TRO if he or she thinks you are in danger.
11. Who issues a temporary restraining order?
A TRO must be issued by a Domestic Violence Hearing Officer or by a judge from the municipal court or a judge from the Family Part of the Superior Court at the county courthouse. If you are denied a TRO by a municipal court judge, you may immediately reapply (8:30 a.m. to 4 p.m., Monday through Friday) to the Family Part of the Superior Court based upon the same incident of domestic violence.
12. Where must I file for a temporary restraining order?
You may file in the county where the domestic violence occurred, where you live, where the abuser lives or where you are sheltered.
13. What do I put in the complaint?
It is very important that you carefully read each part of the complaint before completing it. You must list all facts of the incident that happened that made you file the complaint. For example, facts like: "hit; punched; threatened to kill me; cursed; pulled hair; burned with cigarettes; threw chair, knife, fork at me; followed me to work, home, school, store" should be included, if they happened. If the abuser used a weapon to hurt or attempt to hurt you include this in the complaint. It is also very important to include previous acts of violence/abuse against you in the complaint. Something else to include is if the abuser has a criminal history or if he has been arrested previously. Under the section marked "Relief" read the requests carefully and then check or tell the intake worker to check the box that states what you want from the court. For example: _ That the abuser's weapons be seized. _ That the abuser is temporarily forbidden to have contact with you, your children, your relatives, and other people you identify as being at risk. _ That the abuser is temporarily forbidden to enter the location where the violence happened and the home you share with him. _ That you are granted sole possession of the home you shared with the abuser. _ That you are granted temporary sole custody of the children. _ That the abuser temporarily support you and your children. _ That you have temporary possession of a car, a key to the car and residence, a health insurance card, a checkbook, passport for yourself and your children, immigration documents, birth certificates, or other things you might need. _ That the abuser have either no visitation with the children or supervised visitation. _ That a risk evaluation be conducted before any visitation is ordered by the court if the children have been abused by the abuser. _ That the abuser pay you for any losses, such as moving expenses, lawyer's fees, medical bills, lost wages, or money spent to repair damage to your property. _ That the abuser pay for your pain and suffering. _ That the abuser be ordered to go to psychological counseling, counseling for substance abuse (alcohol/drugs) with a counselor who is a certified domestic violence counselor. The intake worker or domestic violence advocate will assist you in completing the complaint. If there is no one to help you, you can fill it out yourself, but read it carefully to make sure you don't miss anything. You will need the name and address of the abuser, and a description, along with his date of birth, social security number and the name and address of his employer if you know them. This information is necessary so the complaint can be served to the abuser.
14. Can I get a restraining order if I am sick and confined to bed, or if I have a physical or mental disability?
Yes. A judge may issue a TRO upon sworn testimony or complaint of a person who represents a person who is physically or mentally incapable of filing. 15. Where must I file for a temporary restraining order? You may file in the county where the domestic violence occurred, where you live, where the abuser lives or where you are sheltered.
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