Domestic Violence Restraining Orders

The Middlesex County law firm of Brause, Brause & Ventrice, L.L.C., zealously prosecutes and defends its clients when a party has asked for a restraining order under the Prevention of Domestic Violence Act.  Whether you need a restraining order to protect yourself or whether you have been falsely accused of domestic violence, contact us to schedule a free initial consultation, and to discuss questions including the following.

Are you in a relationship that falls within the protections of the Prevention of Domestic Violence Act?

In order to fall within one of the categories of individuals who are protected under the Act, you must be a person 18 years or older, or an emancipated minor, who has been subjected to domestic violence by a spouse, former spouse, any other person who is a present or former household member, or any other person regardless of age who has been subjected to domestic violence by a person with whom you have a child in common, or with whom you anticipate having a child in common if one of you is pregnant, or a person who has been subjected to domestic violence by a person with whom you have had a dating relationship.

How is domestic violence defined under the Prevention of Domestic Violence Act?

Domestic violence means the occurrence of one or more of the following acts inflicted upon a person protected under the Act by an adult or an emancipated minor: homicide, assault, terroristic threats, kidnapping, criminal restraint, false imprisonment, sexual assault, criminal sexual contact, lewdness, criminal mischief, burglary, criminal trespass, harassment, or stalking.  

What does the court consider to determine whether to issue a final restraining order under the Prevention of Domestic Violence Act?

In order to obtain a final restraining order, one must prove that an act of domestic violence has been committed against her or him, and that a restraining order is necessary to protect her or his person or property from immediate danger or further acts of domestic violence.  The court shall consider but not be limited to the following factors: any previous history of domestic violence between the parties, the existence of immediate danger to person or property, the financial circumstances of the parties, the best interest of the victim and any child, in determining custody and parenting time issues the protection of the victim's safety, and the existence of a verifiable order of protection from another jurisdiction.

Proudly serving Middlesex County, New Jersey
The firm takes pride in its New Jersey roots, serving Middlesex County and various communities throughout New Jersey. For a free consultation, call the Middlesex County domestic violence restraining order law firm of Brause, Brause & Ventrice, L.L.C. at 732-767-0044 or email our office today.