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Navigating the turbulent waters of domestic violence and abuse can be overwhelming. A restraining order, a legal order that bars someone from having contact with you, is a crucial tool for protecting those who are vulnerable. Understanding the different types of restraining orders, how to file for one, the legal protections it offers, and the support available, can provide a lifeline amid fear and uncertainty.
Additionally, this article will explain how to react if you have been served with a restraining order, how the enforcement process works, and how to petition the court to modify a final restraining order. No matter your situation, it is important to employ the services of an experienced attorney who can guide you through the complex legal process and represent your best interests in court. At Rosenblum Law, we have considerable experience representing people who are seeking restraining orders and who are the subject of one. Contact us today for a free consultation.
What is a Restraining Order?
Restraining orders in New Jersey, also called orders of protection, are issued in two situations: domestic violence and sexual assault.
A domestic violence restraining order is a court-ordered prohibition of contact between the respondent and the petitioner. This can include certain restrictions, such as the respondent being barred from the petitioner’s home or workplace. Any adult or emancipated minor can file for a restraining order, provided they and the respondent are or were married, are living together or dating, or had a child together, and can prove to the judge that they’ve suffered abuse and need a court order to guarantee their safety.
A sexual assault restraining order is not filed in the family court as domestic violence or abuse. Rather, a sexual assault restraining order is ordered by a civil court for those assaulted by someone other than a past or present spouse, partner, or co-parent.
Different Types of Restraining Orders
The most common types of restraining orders include:
- Temporary restraining orders: A temporary restraining order (TRO) is a temporary order that is issued upon request by the petitioner. It lasts until a hearing, where a judge reviews evidence from both parties to decide whether to issue a final restraining order (FRO).
- Final restraining orders: A FRO is a permanent order of protection unless the judge grants either party’s request to terminate it.
Consequences of Receiving a Restraining Order
Once someone has been served any type of restraining order, they may face several consequences and be:
- Prohibited from making contact with the petitioner
- Excluded from the petitioner’s home, school, or place of work
- Subject to having visitation rights reduced or eliminated
- Required to pay child support
- Subject to having child custody revoked
- Required to attend sessions with a therapist or counselor
- Prohibited from possessing or using firearms or other dangerous weapons
- Ordered to pay the costs that the petitioner has incurred pursuing the order
- Ordered to give up possession of a pet or companion animal
In addition, if a FRO is granted, the respondent must pay a fine and surrender any firearms. They may also be prohibited from future possession of a firearm.
Consequences of Defying a Restraining Order
Violating a restraining order is a very serious offense. Someone who does so is considered in contempt of the court and can incur significant consequences, depending on if this was their first violation or if they’ve violated the order in the past:
- First offense: up to 6 months in county jail and a $1000 fine
- Second offense: minimum of 30 days in county jail
- Additional offenses: up to 18 months in prison and a fine of up to $25,000.
Given the significance of these penalties, it is in an individual’s best interest to retain an experienced and knowledgeable criminal defense attorney to defend them as early on as possible.
How to File for a Restraining Order
To file for a domestic violence restraining order, the petitioner and respondent must be or have been married, be living together or dating, or have a child together. There also must be proof of violence or abuse.
To file for a sexual assault restraining order, there need be only proof of nonconsensual sexual conduct; no relationship between the victim and abuser is necessary.
To file for any restraining order, the petitioner must be an adult or emancipated minor resident of New Jersey.
Here are the steps to file for a restraining order.
Step One: Apply for a TRO
- File for a restraining order at the Family Division Office of the superior court of the county where either party lives or where the domestic violence occurred. A staff member will help fill out an application and send the petitioner to a hearing officer or a judge to decide whether to grant a TRO.
- When the courthouse is closed, the application may be filed at the police department where either party lives or where the domestic violence occurred. A police officer will contact a judge to decide whether to grant a TRO.
- If a TRO is granted, the petitioner will receive a copy, and the police will receive a copy to serve on the respondent.
- A hearing will be scheduled for within ten days. If the other party requests an earlier court date, the petitioner will be contacted.
Step Two: Attend the FRO Hearing
- The petitioner must attend the FRO hearing. The other party will most likely be present and has the right to be represented by an attorney. For this reason, it is important for the petitioner to also seek the assistance of a lawyer.
- If the other party doesn’t appear but the judge has proof that they received the order, the judge can still hear the case.
- If the other party did not receive the order, the hearing will be rescheduled.
- The court will hear both sides and make a decision. In addition to protection, the order can also affect child care, support, visitation, and other issues.
What to Do if Served With a Restraining Order
When someone is served a restraining order, it is strongly advised that they do the following:
- Read the order carefully and understand all of the terms and conditions, as well as any restrictions or required actions.
- Comply with all aspects of the order to avoid any legal consequences.
- Consult with an attorney to learn about one’s legal rights and possible next steps, and to begin gathering evidence for the FRO hearing.
Enforcing and Modifying Restraining Orders
If the defendant violates any part of a restraining order, the petitioner can call the police to have them arrested. The defendant will be subject to any or all of the consequences mentioned above.
To modify or terminate a FRO, often based on changed circumstances, the party requesting the modification must file a petition with the applicable New Jersey county court. A hearing will be scheduled to determine if the FRO should be modified or terminated.
The Role of a Restraining Order Attorney
For someone who is seeking a restraining order, an attorney can explain the legal grounds for the order and advise as to the best course of action. They can also:
- Help prepare documents
- Ensure that all forms are correctly completed and filed
- Represent the petitioner in court and present evidence
- Argue on the petitioner’s behalf to secure the restraining order
- Provide emotional support and advocacy, focusing on the client’s safety and well-being throughout the process
For someone who is served with a restraining order, an attorney can:
- Clarify the terms and implications of the order
- Advise as to the respondent’s legal rights and potential defenses
- Represent the respondent at the FRO hearing by presenting their side of the story and any evidence to challenge the order
- Guide the respondent on how to comply with the order to avoid legal consequences.
In both scenarios, an attorney’s expertise and support are crucial for navigating the complex legal system effectively.
Resources and Support
Facing a restraining order situation can be daunting and emotionally overwhelming. It is important to know that help is available. Below is a list of resources and support services that can provide referral services, emotional support, and guidance to help individuals navigate this challenging time.
- National Domestic Violence Hotline: (1-800-799-7233)
- New Jersey Domestic Violence Hotline: (1-800-572-7233)
- New Jersey Coalition Against Sexual Assault: (1-800-601-7200)
- Women’s Referral Central Hotline: (1-800-322-8092)
- New Jersey Address Confidentiality Program Hotline: (1-877-218-9133) (toll-free non-emergency)
FAQs
If a minor under 18 wants to file against an abuser who is 18 or older (or an emancipated minor), the abuser must be a spouse, former spouse, someone the minor has a child with, or someone the minor is dating or has dated.
A minor cannot obtain a restraining order against a current/former household member unless emancipated. Emancipation can occur through marriage, military service, having a child, pregnancy, or a court declaration. However, a minor being stalked by anyone can get a restraining order for “stalking of a child” if their parent/guardian files a complaint, without needing a stalking conviction.
If you are not granted a restraining order, you can still take steps to stay safe by contacting local domestic violence resource organizations for help, support, and advice. They can assist with developing a safety plan and connecting you to the necessary resources.
If your relationship with the abuser does not qualify for a restraining order, you might seek protection through the criminal courts. You can also reapply for a restraining order if a new incident occurs. If you believe the judge made a legal error, consult a lawyer about the possibility of an appeal, which can be complex and typically requires legal assistance.
When you and the abuser live in different states, the court may lack jurisdiction over the abuser and be unable to grant a restraining order. However, the court can obtain jurisdiction if:
The abuser has substantial connections to your state, such as visiting regularly or having lived there recently.
Acts of abuse occur in your state, like receiving threatening texts while you are there
The abuser is served with the petition while in your state.
Even if none of these apply, you may still be able to obtain an order if the judge finds other justifying circumstances or the order is granted by consent.
If you move to another part of New Jersey or another state, your restraining order remains enforceable. Federal law ensures “full faith and credit,” meaning your protection order is valid nationwide, including in U.S. territories and tribal lands. However, as states have different rules for enforcing out-of-state orders, knowing the specific regulations of the state you are moving to can make enforcement easier.
If you move and want to keep your address concealed from an abuser, consider the New Jersey Address Confidentiality Program. This program allows domestic violence victims to use a designated address known only to the New Jersey Division on Women and its employees. Under the program, the state forwards your mail to your actual address, keeping it confidential in state and local government records. This includes applications for public assistance, like welfare or unemployment. You can also request that agencies where you already receive assistance use the designated address unless they can prove your actual address is legally necessary.
Contact a Rosenblum Law Attorney Today
Navigating the complexities of restraining orders is best handled with the help of a seasoned attorney. An experienced lawyer can aid in gathering evidence, preparing and filing necessary documents, and representing you in court.
At Rosenblum Law, our skilled attorneys are adept at representing both petitioners and defendants. Contact us today for a free consultation and case evaluation.
More Information
- Restraining Order vs. No Contact Orders in New Jersey
- How to Fight a False Restraining Order in New Jersey
- I Have a Restraining Order Against Me in New Jersey: Most Commonly Asked Questions
- Getting a Restraining Order Against Someone in New Jersey: Most Commonly Asked Questions
- Appealing a Restraining Order in New Jersey
Last updated: Jul 16, 2024
