Legal Question in Family Law in New Jersey

Re: Restraints, Must I file Divorce?

You do not have to be divorced, file for a divorce, or be separated to file for a TRO. You can go to court, and file for a TRO.

AMW

Re: Restraints, Must I file Divorce?

You say you have an attorney handling this matter. If you don't understand advice the attorney has given you, you need to ask your existing attorney for clarification. If that is not satisfactory, or you disagree with the advice, you need to consider getting a new attorney.

In general, if you have been "attacked", you should file a criminal complaint in addition to any other actions you might take.

In general, you do not need to file for a divorce to get a TRO. A divorce can only be filed for if you happen to be married to the other person. Obviously, you don't have to be married to apply for a TRO if someone is committing domestic violence against you. Therefore, you don't LEGALLY need to file for divorce before applying for a TRO if you happen to be married. However, as a practical matter, your attorney might feel it is appropriate to proceed this way, in your case. Again, you need to talk with your attorney.

I strongly recommend that you consult with an attorney immediately so that you can explore your legal rights, obligations, and options. If you wish to discuss retaining my services, contact me at:

[email protected]

(973)-605-8995

(*Licensed in New Jersey, Maryland, and Dist. of Columbia)

[Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]

Re: Restraints, Must I file Divorce?

If you had restraints you must have filed a domestic violence complaint. You should proceed to testify at the hearing for a permanent order

restraining your husband from coming near you and/or committing further acts of domestic violence. If you have caused the domestic violence complaint to be dismissed you have given up your right to such restraints, indicating that you are not fearful that your husband will harm you. Filing a divorce complaint leads to a divorce. The Domestic Violence Act was enacted by

the legislature to make it easier to obtain an order of protection. It is not so easy to obtain restraints against acts of violence outside the

domestic violence scenario.

You should consult with an attorney. This advice relies upon the information which you have provided. If you have left out some important information or mistated some fact this advice might be entirely wrong.

Gary Moore, Esquire

Hackensack, New Jersey

800 273 7933

www.garymooreattorneyatlaw.com