A restraining order offers the person holding one a sense of safety from someone that could continue harming them. While these orders provide security, not everyone can earn one. Can someone who is not a victim of physical abuse obtain a restraining order?
As many as three million restraining orders are granted each year. There are many reasons why someone can receive a restraining order. A victim of abuse does not need to be a victim of physical harm to earn a restraining order. In New Jersey, an act of domestic abuse can qualify for a restraining order. Here are some examples of this abuse:
Attempted physical violence
In addition to physical violence, if an attacker tried to commit physical violence, the victim could earn an order of protection against their attacker. This attempted violence could consist of the victim escaping or overpowering the attack or the attacker failing to follow through with the act.
Unlawful removal of a person from the place the victim is found constitutes kidnapping. This action can apply to a parent taking their kids outside of their visitation time, or it could occur when a person refuses to let their spouse or partner out of the vehicle.
Unwanted physical contact like striking or kicking is a common form of harassment. Non-physical forms include repetitive or unsolicited communication at inconvenient times, with aggressive language, or in another disruptive manner.
Cyberharassment consists of making harassing statements towards another person online. This harassment can involve threats of harm, unwanted indecent, or explicit communication, threats to commit a crime against another person.
A stalker is someone who maintains regular visual or physical proximity to their target. This behavior can also be through third-parties or electronic devices. This stalking needs to occur on more than two occasions. If the act also creates a reasonable cause of fear or emotional distress, the actions can count as stalking.
Do not have any doubt
If you are unsure whether or not you can earn a restraining order against someone, contact a family law attorney. Their experience in the law can help protect your future and safety.