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Hammer O'Justice
Hammer O'Justice, Attorney
Category: Family Law
Satisfied Customers: 4502
Experience:  Almost 12 years of legal experience
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Last year I put a restraining order against my sons ex

Customer Question

Last year I put a restraining order against my sons ex girlfriend but it was denied though I was granted a no contact order which of course has expired she would make harassing phone calls and try breaking into my home. Now she called the cops a couple a times stating their was domestic abuse at my address and giving our last name she continued calling them and then gave them my daughters name eventually they caught up with her and she said my son hit her not true but they arrested him finger printed him then let him go because there was insufficient evidence according to them ?? She was not even charged now I want to file restraining order against her again she has made my family's life a living hell for the past 4 years but I been to the police station twice to file a complaint and they tell me to wait for the officers who were there that night to come in I know I can go to the court but I wanted imformation about any report about that night and it seems like they don't want t o help me should I just go to the court ? Last year I filed it through them but it was because I called them pertaining a broken window which I could not prove and the harassing calls
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: New jersey
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 2 months ago.
Category: Family Law
Expert:  Hammer O'Justice replied 2 months ago.

Hello.

I'm sorry to hear about your situation. Unfortunately, in New Jersey, restraining orders are only allowed for victims of domestic violence. Since you have not had that kind of relationship with your son's ex, then you would not be eligible to get one through the court system. Several states have ways that you can get peace orders and such against people without having had a domestic relationship with them, but unfortunately New Jersey is not one of them. The only way you can get an order keeping her away is through a no-contact order that is associated with criminal charges. It doesn't sound like the police are being particularly helpful. If you have evidence of a crime that she has committed, you can actually petition for charges yourself. You can go to the municipal court in the municipality where the crime occurred and apply for charges. A judicial officer will review your petition to see if cause exists to have the case go forward, so if you do apply, you will need to put in as much detail of the criminal activities as possible. If the judicial officer determines that there is probable cause to support the charges, then the case can move forward.

I'm sorry I can't give you better news about the restraining order but at least having the option to apply for criminal charges gives you a different option than waiting for the police to do something.