Learn About Abuse

Understanding The Law

Knowing the Law

Understanding the legal protections available in cases of domestic violence or sexual assault is essential for anyone facing these situations. In New Jersey, restraining orders are one of the most effective legal tools available to protect individuals from further harm. This section is designed to help everyone understand how domestic violence and sexual assault are defined by New Jersey law, how restraining orders protect victim-survivors, and the services Younity provides to support individuals in navigating these legal processes.

How Does the State of New Jersey Define Domestic Violence?

The Prevention of Domestic Violence Act makes domestic violence a criminal offense—protecting individuals from physical harm, emotional abuse, and other forms of violence. Victims have the right to seek legal protection, including filing for a restraining order, to prevent further harm and hold abusers accountable for their actions.

Under New Jersey law, domestic violence includes acts of violence, coercion, or threats committed by a current or former spouse, household member, someone you’re dating, or someone with whom you share a child.

Domestic violence can involve:

• Physical harm: Assault, battery, or any act that causes physical injury.
• Emotional abuse: Acts of harassment, intimidation, or threats that create fear for one’s safety.
• Stalking: Following or monitoring an individual’s activities with the intent to cause fear.
• Coercion and control: Using threats, intimidation, or manipulation to control another person.

New Jersey’s domestic violence laws aim to protect individuals from all forms of abuse and ensure that victims have the legal means to hold perpetrators accountable.

How Does the State of New Jersey Define Sexual Assault?

New Jersey law recognizes sexual assault as a serious crime, protecting individuals from all forms of non-consensual sexual contact. The law gives victims the right to report the crime, seek legal recourse, and access support services. Perpetrators face severe criminal penalties for committing sexual assault, regardless of the circumstances.

In New Jersey, sexual assault is defined as any form of non-consensual sexual contact or penetration. It includes situations where:

• The victim is forced, threatened, or coerced into sexual acts.
• The victim cannot legally consent due to intoxication, age, or mental incapacity.
• The perpetrator abuses a position of power or trust to commit the assault.

New Jersey’s sexual assault laws aim to protect individuals from all forms of unwanted sexual contact and ensure that victims have the legal means to hold perpetrators accountable.

How Restraining Orders Provide Protection

A restraining order is a court-issued document that legally prohibits an abuser from contacting or approaching the person they have harmed. In New Jersey, there are two types of restraining orders, and each has specific steps for being pursued:

• Temporary Restraining Order (TRO): A TRO provides immediate, short-term protection for individuals who are in immediate danger. To obtain a TRO in New Jersey, the victim must either visit the Family Division of the Superior Court or, if the courts are closed, contact the local police department. After filing, a judge will review the case, and if deemed necessary, the TRO will be issued immediately, offering protection until a full court hearing can take place.
• Final Restraining Order (FRO): A FRO provides long-term protection and is only issued after a court hearing. At this hearing, both the victim and the abuser have the opportunity to present their case before a judge. If the judge determines that the victim needs ongoing protection, the FRO is granted. This order can include provisions such as no contact, staying away from certain locations, and even financial support for the victim. The FRO remains in effect indefinitely unless modified by the court.

Restraining orders issued in New Jersey can also be enforced across state lines, ensuring continued protection even if the victim relocates or the abuser crosses state borders.

How Younity Can Help:

Younity offers assistance to individuals trying to navigate the legal aspects of obtaining protection, including restraining orders. Our services include:

• Information on Legal Protections: We provide clear and accessible information about the different types of restraining orders and other legal protections available in New Jersey.
• Guidance Through the Process: We help individuals understand the steps involved in filing for a restraining order, including the paperwork, court procedures, and how to enforce it.
• Connecting to Legal Resources: For those needing legal representation or further assistance, we offer referrals to attorneys and legal organizations specializing in domestic violence and sexual assault cases.