My sisters boyfriend is verbally and physically abusive- I went through her phone and have proof of the abuse. He continues to threaten to hurt her again and to hurt her family. Can I call the police and try to get a restraining order for all of us? He has access to weapons and drugs.
I;m sorry to hear this, you can call the police and depending on the situation, they may arrest him and contact a judge to try to get a temporary restraining order. If something is happening imminently, don't wait, call the police. Otherwise, you will have to go to the Domestic Violence Unit , Family Division of the Superior Court of New Jersey, Bergen County. Here a a link with all the address and contact: :details:http://www.judiciary.state.nj.us/bergen/famviolence10788.html.: Call the court for more details on what you need to do to see a judge. Bring your proofs. He will not be there (the boyfriend) although if a TRO is issued, your sister and he will be given a court date to appear before a judge for the purposes of a final restraining order hearing (although he will not be allowed to contact her). During that time , however, the temporary restraining order will keep him from contacting her and most likely you because you constitute her family and most TROs have a provision prohibiting the abuse from contacting the victims family as well. As for filing for your sister, really she needs to somewhat be on board unless the cops are the ones arresting him. They can file charges and present the case before the judge even if the victim is reluctant. As for who is covered under the NJ Domestic Violence Act, your sister is definitely because she is in a dating relationship with her abuser..As for you or the rest of her family, this is a little more murky. Again, chances are, just like with the TRO, if a FRO is ordered, it will contain a clause prohibiting him from contacting her family , directly or indirectly, in order to get in touch with her. However, whether you each individually qualify for protection under the ACT depends on certain relationships and sometimes age. As this is very fact sensitive and there is a lot tooit I would suggest you contact an experienced attorney and have a consultation on so you can have a full and in debt review good luck
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Only your sister can apply for the temporary restraining order. However, you can be supportive and go with her to the courthouse or police station. Your sister can add other people to the restraining order. Also, if you tell the police he has weapons they will search the house. You are a good brother for doing research for your sister.
This answer does not constitute the establishment of an attorney/client relationship nor is there any guarantee that this advice will be completely effective in a court of law. A consultation, including review of court orders and other documents is necessary in order for me to give you proper advice and guidance.
If your sister is competent to make decisions for herself, then it is up to her to file for a restraining order. You can probably call the police and complain that the boyfriend is harassing and threatening her and the police may show and try to mediate the situation. In practical terms this means the police may be willing to call the boyfriend and tell him to stop. If your sister is present, the presence of the police may help her gather up the courage to file for a restraining order - the police are required to provide information on domestic violence protections and facilitate the filing of the Domestic Violence complaint on evening and weekends.
Please understand that I have no details about your specific case, my opinion is generally applicable and is far from personalized legal advice that lawyer would provide. If you are seeking legal advice you MUST consult with and only rely upon the advice of an attorney experienced in that field of law.
Unless you have the required legal relationship under the domestic violence act, you cannot file a restraining order. If you are household members then you would make that threshold, but if you are not the intended victim of the act of domestic violence, you cannot pursue one. No one may file a restraining order for another person; they require toward allegations made by a victim.
IF YOU LIKE THIS ANSWER AND APPRECIATE THE TIME IT TOOK TO WRITE IT, PLEASE SELECT IT AS "BEST ANSWER." Thanks. The above is said without seeing your case file and without my understanding the entirety of the facts of your case. Depending on those facts, the above information be may incomplete or may be completely inaccurate. The above is intended as general information only based on what you described and not as legal advice. I advise you to consult with counsel who may be able to provide better information commensurate with a better understanding of your situation.
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