Legal Question in Family Law in New Jersey
Restraining Order
My ex-husband have been separated for over a year now. Recently, I was granted a final restraining order due to I was assaulted by him. I was granted custody of our two-year old daughter. I was told that i need to obtain a matrimonial docket number. Do I need to file for divorce to obtain the docket number?
3 Answers from Attorneys
Re: Restraining Order
If a divorce is what you seek, you must file for divorce, thus yielding a docket number.
While I have noticed any number of Judges within the last several years putting language in a Domestic Violence restraining order to the effect that "Plaintiff shall file a complaint for divorce within the next 30 days," these orders are entirely unenforceable. If you don't want to file for divorce, you don't have to.
If you do, or if you feel that the support provisions of your FRO are not optimal, call our offices at 732.603.8585 or 732.603.0999 for additional information.
It may be that we can achieve your objectives without going beyond the domestic violence action.
Regards, CJR
Procedural aspects of filing for divorce
When you file a Complaint for Divorce, you receive a docket number. That puts you on the path to obtaining the Divorce. If you do not want to obtain a Divorce, you do not need a docket number. If you want a Divorce, you will need to attempt to resolve any other matrimonial issues, such as alimony and equitable distribution, or have a Court ultimately decide those issues. Keep in mind that this advice is based purely on the little bit ofinformation that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, you may want to contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be
able to rely on the advice. If you call me, [856-546-8010] mention Law Guru and your first one hour consultation will be free. Good luck! Rob Gleaner
Re: Restraining Order
To be divorce one must file a divorce complaint and it would be given a matrimonial docket number. You can call me at 800 273 7933 to discuss the matter further. You can visit my web site by clicking on www.garymooreattorneyatlaw.com