Types of Emotional Abuse that might Lead to Restraining Orders in New Jersey
In our society, toxic relationships are far too widespread. The state of New Jersey has made significant efforts to establish a legal framework that will allow victims to obtain protection. However, that protective legal framework can only be practical if people are aware of it and know how to use it to their advantage. A prime illustration of the necessity of a restraining order is emotional abuse. You can click here to learn more about your options in such a case.
The lack of a particular mention of emotional abuse in the 19 categories of domestic abuse that qualify for restraining orders may first demoralize a victim.
Emotional Abuse Types
- Domestic violence is a terrorism threat. A genuine threat to murder someone undoubtedly meets the criteria for a terroristic threat, defined as one that causes terror.
- Another known type of abuse is lewdness. You have reasons for a restraining order if you leave your home with your children and your ex decides this would be an excellent time to appear, cursing or acting crudely.
- You split from your ex and made it obvious there would be no chance of reconciliation. However, they still frequently appear where you are, leaving you with the impression that it is not a coincidence. Or, even worse, you see them stalking your home late at night. This case should obtain a restraining order since it constitutes emotional abuse.
- Does your ex simply never stop calling? They keep phoning and messaging you no, regardless of how often you say no to them or let their message go to voicemail. They are positioning you to successfully obtain a protection order against them, assuming they have been requested to cease.
- Cyberbullying is now classified as a distinct category, which is evidence of our social media-driven society. Your ex attempts to remain in your face if they keep tagging or referencing you on your preferred social media sites. If they begin to mention your children’s schools or anything else that suggests that this is not simply somebody having a bad day, this could develop into a problem.
- A restraining order may already exist, but the subject may be contemptuous. It should go without saying that the state of New Jersey cannot be pleased if its laws are flagrantly broken.
None of those mentioned above situations directly hurt the victim in any way. What unites them all is a method for putting someone under more mental strain and making it more difficult for them to feel at ease with themselves. Whatever precise form of emotional abuse you are experiencing, it is considered to be abuse and is likely protected by New Jersey legislation.
When to Get a Restraining Order?
Not all relationships are intimate enough to call for legal action. If you want to file for a restraining order against somebody, they must:
- Your partner (current or past)
- Your romantic interest
- your occupant
- Your child’s other parent (ren)
- The next step is to prove that the individual who is emotionally abusing you poses a threat severe enough to warrant a restraining order, assuming your connection with them meets the prerequisites.
Be mindful that you will need to show that the person from whom you are seeking protection is not only acting in the manner described above but also acting in a manner that can be used to create a pattern of conduct.
For instance, your ex might have followed you home on a Friday after Happy Hour. This can result in the issuance of a restraining order. Especially if you can show that they have also called you 17 times in the past 8 days, that you did not pick up any of the attempts to call, that you texted them repeatedly to ask them to leave you unsupervised, and that they were required to travel 15 miles to reach the bar in which you and your coworkers usually meet to kick off the weekend.
What if, though, you have not talked to them in six months, and they have not said or done anything that might be interpreted as a threat to you?
Do not somehow assume wrong. Everyone still finds the choice to accompany you home a little odd. It is probably a factor that should support your decision to break up with the person. But what about emotional abuse severe enough to warrant a restraining order? Maybe not, at least not if the story ends there.
What Takes Place in Court
Presenting your case before a judge in Superior Court is the next stage if you and your lawyer feel that the conditions for such a restraining order are indeed being met.
The defendant is not given notice of this initial hearing. You will be questioned regarding this incident and any earlier ones that contributed to the pattern of conduct and the attempt to impose control. You will be issued a Temporary Restraining Order if your case is strong.
You and the accused will now get notice to appear for a session within the following 10 days. It will be decided at this hearing whether a Final Restraining Order will be granted. The defendant will have the chance to present their events to the court.
Once the Permanent Restraining Order has Been Issued
A violation of a Final Restraining Order in New Jersey is punishable by law. Additionally, other states must recognize New Jersey’s restraining order following federal law. Your FRO will move with you if you find work in New York and have to move there.
What Happens Should You and the Accused Reconcile?
The children may wish to visit both parents if they have kids together. While we undoubtedly advise proceeding with extreme caution in these circumstances, a restraining order can indeed be altered or even revoked at the plaintiff’s request. This must be accomplished formally by appearing in a superior court.
It is essential not to take emotional assault lightly. Your life and that of your kids may suffer significantly as a result.