Can I file criminal charges alongside a restraining order?

Can I file criminal charges alongside a restraining order?

obtaining a restraining order. These are two separate legal processes that serve distinct purposes. Filing for a restraining order falls under the civil court system and aims to provide immediate protection and relief for the victim. Filing criminal charges, on the other hand, holds the abuser accountable for the criminal act(s) they committed and can result in penalties such as fines, probation, or imprisonment.

Understanding the Two Processes

Restraining Orders

Restraining orders in Domestic Violence in New Jersey are governed by the Prevention of Domestic Violence Act (PDVA). Victims of domestic violence can seek a Temporary Restraining Order (TRO) by filing a complaint in Family Court or through police assistance. The TRO is intended to provide immediate protection and may include provisions like prohibiting the abuser from contacting the victim, vacating a shared residence, or temporarily assigning child custody.

After the TRO is issued, a hearing will be scheduled to determine whether it should become a Final Restraining Order (FRO). Unlike criminal cases, the standard of proof in restraining order hearings is “preponderance of the evidence,” meaning the judge decides based on which side presents more convincing evidence.

Criminal Charges

Filing criminal charges is a separate action aimed at prosecuting the abuser for specific crimes they committed. Under New Jersey law, acts such as assault, harassment, stalking, criminal mischief, and sexual assault are criminal offenses. You can report these incidents to the police, who will investigate and potentially arrest the abuser if there is probable cause.

The criminal case will proceed through the criminal justice system, where prosecutors represent the state and work to hold the abuser accountable. If the abuser is convicted, penalties may include jail time, probation, fines, or mandated rehabilitation programs.

Benefits of Filing Both

By pursuing both a restraining order and criminal charges, you can maximize legal protection and hold the abuser accountable. The restraining order provides immediate safety measures, while criminal charges address the criminal behavior and can lead to punitive consequences.

Additionally, evidence presented in the criminal case can strengthen your argument in the restraining order hearing. Similarly, the existence of a restraining order can support the seriousness of your claims in the criminal case.

How to File Both

• Restraining Order: Visit the Family Division of your local Superior Court during business hours or contact the police for assistance after hours.
• Criminal Charges: File a report with the police, providing detailed information about the incident(s)

You can pursue these actions simultaneously, and law enforcement or legal advocates can help guide you through the process. If you’re unsure where to begin, consider contacting a local domestic violence hotline or legal aid service for assistance.

Remember, taking these steps can be crucial for ensuring your safety and obtaining justice.