Need a Restraining Order Lawyer in New Jersey?

Temporary restraining orders (TROs) often become final restraining orders (FROs) after a court hearing. These protective orders prohibit the respondent, or the individual they are issued against from having any contact with the petitioner, or the individual who filed for the restraining order. An FRO has many legal implications and consequences that are important to understand if you have been served with one.

Don’t fight an FRO alone. Rosenblum Law attorneys are experienced in FRO cases and can assist you in fighting the FRO by representing you in court, and gathering evidence and witness testimonies. Contact us today for a free consultation, and keep reading to learn more about the consequences of final restraining orders in NJ.

What is a Final Restraining Order?

A final restraining order, also known as an order of protection, is a court-ordered ban on all contact between the petitioner and the respondent due to an offense committed by the petitioner toward the respondent. An FRO can only be issued after a hearing, and it is in effect permanently, indefinite and can only be unless it is dismissed by a judge after petitioning the court. By contrast, a TRO just prevents contact with the petitioner and only lasts until the FRO hearing. 

Under New Jersey law, an FRO can contain a number of orders relating to child custody, child support, custody of an animal, and other subjects based on the circumstances of the case. An FRO may also ban the respondent from certain locations. 

To get an FRO, the petitioner must first get a TRO, which is granted if the plaintiff can produce satisfactory evidence or arguments in favor of it. Within 10 days, a hearing will be held to determine if an FRO is appropriate and what orders it should contain. During the hearing, both sides have the opportunity to present evidence, witnesses, and arguments for or against the FRO. An attorney can best help the respondent fight an FRO at the hearing.

Consequences of a Final Restraining Order

There are many legal, personal, and social consequences of an FRO. It is important to understand these consequences if one has a restraining order against them.

Legal Consequences

Anyone with an FRO cannot own or possess firearms, and may be prohibited from owning other weapons as well. Their Firearm Identification Card will be revoked, and police will seize all firearms in the respondent’s possession.

There may also be mandatory counseling or intervention programs. In particular, counseling is often ordered as part of domestic violence FROs. 

There are no criminal penalties associated with an FRO unless the respondent violates it. If they do, they can be arrested for contempt of court, which is a fourth-degree felony crime that can come with up to 18 months in jail and a fine of up to $10,000. If the respondent violates a domestic violence FRO repeatedly, it is a third-degree felony crime that can come with up to 3-5 years in jail and a fine of up to $15,000. 

Personal and Social Consequences

In addition to prohibition from contacting or approaching the petitioner, the subject of the FRO (the respondent) may not be able to contact the petitioner’s friends and family. The respondent may also be barred from the petitioner’s places of residence and/or employment, and then must avoid other places that the petitioner frequents. The FRO will outline the specific locations in which the respondent is prohibited from entering. 

While an FRO is a civil order and does not appear on the respondent’s criminal record, it is a matter of public record. This can impact employment opportunities in the future, as well as eligibility for professional licenses.

The FRO may require the respondent to find another place to live if they currently live with the petitioner of the restraining order. This is because, according to New Jersey law, no FRO can allow partial or full access to the residence of the victim. The FRO can order that the residence stays in possession of  the victim, requiring new living arrangements for the defendant. 

An FRO can also cause social stigma and relationship issues, such as a lack of trust by others.

Parental Rights and Custody

When there are children involved, an FRO will place restrictions on custody and visitation rights. Temporary custody will be awarded to the petitioner, and a custody hearing will be scheduled. Because there can be no contact with the other parent, the respondent may be required to have supervised visitation. 

Child support can also be ordered or modified in an FRO, as less parenting time for the respondent often means they have to make higher child support payments.

Legal Defenses and Options for Challenging a Final Restraining Order

There can be a variety of legal defenses and options for challenging a final restraining order, depending on the circumstances of the case. The respondent can challenge the issuance of an FRO at the hearing. If an FRO has already been ordered, they can appeal it or petition the court to modify or dissolve it. An attorney will be best able to argue these defenses or carry out a modification to the order.

Challenging Issuance of an FRO

The best grounds for contesting a FRO in court is to argue that  it contains false allegations. An FRO is typically ordered when some type of violence or threat of violence has allegedly occurred. If the respondent can prove through witness testimony and other evidence that the allegations are false, the FRO will not be issued. 

Appealing an FRO

Someone can appeal an FRO within 45 days of its issuance in the Superior Court where the order was made. During the appeal, the defendant has the opportunity to defend again against the FRO. An appeal can only be filed if the appellant believes the law was applied inaccurately or that the judge made an error.

Modifying or Dissolving an FRO

One of the parties can petition the court to modify or dissolve an FRO on specific grounds. These grounds can include, for example, false allegations or the petitioner agreeing to have the FRO dismissed. 

Compliance and Mitigation

It is important to ensure compliance with an FRO. An attorney can go through the FRO and the orders within it to ensure that the respondent understands everything that is required. 

To mitigate the impact on one’s personal and professional life, do not talk about the FRO with others. Although it is a matter of public record, most people will not look up an FRO unless they already know it exists.

How an Attorney Can Help Someone Subject to a Final Restraining Order

A restraining order attorney can help someone subject to a final restraining order in a number of ways, whether the FRO has already been issued or not.

• Initial Consultation: In the initial consultation, the attorney will evaluate the case and explain the respondent’s legal options. 
• Legal Representation: The attorney will represent the respondent in court hearings and appeals, including presenting evidence and arguments against the FRO and questioning witnesses. They can also negotiate modifications or a dissolution of the FRO.
• Ongoing Support: The attorney can advise on compliance with the FRO to avoid further legal issues. They can also provide support in related family law matters such as custody and visitation. For example, it may be necessary to go back to court for a permanent custody and visitation agreement. 

Steps to Take if You Are Subject to a Final Restraining Order

There are a variety of steps one  should take if  they are subject to a final restraining order. 

• Thoroughly read through the FRO. Every FRO will have different provisions and restrictions. It’s important for the respondent to understand the specifics of their order, such as what locations they are barred from and any changes to child custody or support. This will ensure they do not violate anything in the order and face further consequences. The respondent should overall avoid any interaction with the petitioner, including indirect communication through a third party. 
• Take immediate action. The respondent should immediately  contact a qualified attorney who can assist throughout the process. This will ensure the respondent has legal representation in the FRO hearing. 
• Understand one’s  rights. The attorney can read through the FRO and any orders within it to advise on the terms and conditions that need to be met. The attorney will also be able to advise their client on their rights in the hearing. 
• Prepare to challenge the FRO. With the help of the attorney, the respondent can collect evidence and prepare legal arguments to appeal the FRO or petition the court to modify or dissolve it.

FAQs

Resources and Support

Legal Resources

• Temporary Restraining Orders: Section 2C:25-28
• Final Restraining Orders: Section 2C:25-29
• New Jersey Courts: Restraining Orders

Support Services

• Center for Family Services: Counseling and Behavioral Health
• Institute for Family Services: Counseling
• Legal Services of New Jersey: Legal Aid for those without financial resources
• New Jersey Department of Children and Families: Abuse Intervention Program

Contact Rosenblum Law Today

As you can see, it is very important to understand the consequences of an FRO. Knowing your rights and responsibilities under an FRO is important to prevent  violating it, which comes with criminal penalties. It is necessary to have professional legal representation during this process to protect your rights and fight the FRO in the hearing.

If you are the subject of a final restraining order, contact Rosenblum Law. Rosenblum Law attorneys are experienced in the process of appealing, modifying, dissolving, and fighting FROs. Contact us today for a free consultation and case evaluation.