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It can be terrifying when you or a loved one is in danger. In these scenarios, it’s easy to feel overwhelmed and confused about your options. A Hackensack restraining order lawyer can aid you in this difficult period. They can offer ways to secure legal protection from dangerous parties and provide pathways to safety.
The Hackensack family law attorneys at The Montanari Law Group has been representing the people of Hackensack, Bergen County, and cities throughout New Jersey for years in their restraining order cases. Our founding attorney, Michael J. Montanari, has over two decades of experience in a wide range of criminal and civil matters. His legal accomplishments earned him recognition as one of the Top 10 Attorneys in Client Satisfaction by the American Institute of Criminal Law Attorneys.
Although our past awards and accomplishments do not guarantee a specific outcome, they show how dedicated we are to the clients who entrust their cases to us.
Domestic violence is an ongoing safety concern for many Americans, affecting 10 million people every year across the country. In 2023, there were 70,828 incidents of domestic abuse reported to the police. Of these, children were present for 24 percent of events, and 38 percent led to an arrest. If you are going through a similar situation, a restraining order can be a first step toward improving your conditions.
Restraining orders are a legal arrangement that can force someone to stop contacting another. In New Jersey, anyone deemed a victim of domestic violence may petition for an order. This includes:
Restraining order laws provide a range of restrictions, such as:
New Jersey has two main types of protective orders you can file for. The first type is a temporary restraining order. This can be granted in standard form, if there is no pressing threat, or ex parte, when there is an immediate danger to someone. These are filed either at a police station or a family court, and they do not require the other party to be present. Once granted, the respondent is notified, and a hearing is scheduled.
The other major protective action is a final restraining order. These are established after a mandatory hearing held at the Bergen County Justice Center, located in town at 10 Main Street. At this meeting, both sides may present their arguments. Final restraining orders are based on the existence of an ongoing threat. They may be established for a fixed time or an indefinite period.
Hire a restraining order lawyer to guide you through the filing and hearing process. Your Hackensack restraining order attorney can be at your side, from the initial filing to the final hearing and any ongoing modifications. A few key ways that the team at The Montanari Law Group can serve your case include:
How long your New Jersey restraining order lasts depends on the type of protection you are granted. Temporary restraining orders expire at the hearing for a long-term order and are typically in effect for a few days. A final restraining order has no set expiration date and can last until modified or lifted.
One concern for victims of domestic abuse who need legal protection is the cost of getting a restraining order. In New Jersey, there is no upfront cost to request a restraining order. Potential costs include legal aid, filing expenses, or administrative fees. Your Hackensack attorney can estimate what costs your case may incur.
New Jersey state law does not legally require you to have a lawyer for a restraining order, but hiring one can be helpful during this stressful period. Your attorney can:
They can handle the confusing legal elements while you figure out the next steps for your life.
When seeking legal protection, it’s important to review everything you may need to obtain a New Jersey restraining order. The first step is having a qualifying relationship, such as a romantic or co-parental relationship with the abuser. Next, the person you file against should have a previous legally recognized instance of assault, harassment, stalking, or other abusive actions. Finally, you need details of any incidents, with supporting evidence, such as photos, videos, or witness testimony.
Threats from a loved one can be a traumatic, frightening thing. The Montanari Law Group can draw on our years of experience in handling similar cases to advocate for you in this difficult period. We can strive to secure your safety.
Contact us today to schedule your initial meeting. During your consultation, we can learn the issues you face, see what restraining orders may fit your situation, and explore all options for establishing your safety.
“Michael Montanari was a great lawyer to represent my case and I’m grateful I found him through reviews like these. He’s extremely helpful and knowledgeable and it was a pleasure having him represent my case and win. Highly recommend.” – Juan Alvarez
“Michael is knowledgeable, helpful, proactive, and an expert in his field. I had a very specific situation that he was able to expertly navigate and guide me through for the best possible result. I received exactly the outcome I was hoping for and it’s all thanks to the careful guidance and support of Michael and his team. Thank you again Michael!” – Aidan McGourty
“Jayna Patel was a pleasure to work with. Knowing how knowledgeable and experienced she was put me at ease during a very challenging time. She made the process easy and stress free. I would recommend her services to anyone in need of a family lawyer.” – Leyla
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