Need a Restraining Order Lawyer in New Jersey?

A restraining order is a legal mandate that prohibits one person from contacting another and serves as a vital safeguard for vulnerable individuals. If you are seeking a restraining order or are the subject of one, our experienced restraining order attorneys at Rosenblum Law can help navigate the intricate legal proceedings involved and ensure that your interests are protected.  

This article clarifies the distinctions between temporary and final restraining orders, outlines the steps to file for one, and details the legal protections it provides. It also covers how to respond if served with a final restraining order and the enforcement procedures involved.

What Is a Final Restraining Order?

Definition and Scope of Protection

A restraining order, also called an order of protection, is a court-ordered ban on any contact between the petitioner (the one filing for the order) and the respondent (the subject of the order) after an offense has occurred. The purpose of a restraining order is to protect the petitioner from further harm. 

Initially, a temporary restraining order (TRO) is granted based on the petitioner’s evidence until a hearing. At that point, the judge may lift or extend the TRO, or issue a final restraining order (FRO) at the hearing. The hearing is generally scheduled within 10 days from when the TRO was granted.

A FRO remains permanently in effect unless it is modified or appealed. It typically bars the respondent from contacting the petitioner in any way. It is also common for the FRO to include information on the following: 

• Locations in which the respondent is prohibited from, such as  the petitioner’s school, workplace, and other locations they frequent. Therapy sessions
• Firearm surrender 
• Cost reimbursement to the petitioner
• Pet custody
• Arrangements for child visitation, support, or custody.

Grounds for Filing for a Final Restraining Order 

The petitioner must be an adult or emancipated minor resident of New Jersey, and must be able to prove that their situation merits court-ordered protection. The following are the requirements for two common restraining orders: 

• To file for a domestic violence restraining order in New Jersey, a current or past relationship like marriage, cohabitation, dating, or having a child together is required, along with proof of violence or abuse. 
• To file for a sexual assault restraining order, proof of nonconsensual sexual conduct suffices, without needing a prior relationship between the victim and abuser. 

The Process of Filing for a Final Restraining Order in NJ

Step One: Apply for a TRO 

At the Family Division Office of the superior court in the county where either party resides or where the domestic violence occurred, courthouse staff can assist the petitioner in filling out a TRO application. When the courthouse is closed, the application can be filed at their local police department. 

A judge will then consider the petitioner’s evidence to decide whether to grant a TRO. If one is granted, the petitioner and respondent each receive a copy, with a FRO hearing scheduled within ten days. If the respondent requests an earlier court date, the petitioner will be notified.

Step Two: Attend the FRO Hearing 

The petitioner must attend the FRO hearing, where the other party, who may have legal representation, will likely be present. For this reason, it is  strongly advised that the petitioner seek the assistance of a lawyer.

If the other party is absent but received the order, the judge can proceed and grant the petitioner with the FRO. If the respondent did not receive the order, the hearing will be  rescheduled. The court hears both sides before making a decision, which can impact issues like protection, child care, support, and visitation rights.

How to Respond to a Final Restraining Order 

If served with a restraining order, carefully review all terms, conditions, restrictions, and required actions. Ensure full compliance to avoid legal consequences. Consulting with an attorney is advisable to understand rights and plan the next steps. 

If the court committed a legal error in granting a FRO, there may be grounds for an appeal. Examples of such grounds include:

• Incorrect interpretation or application of the law: Errors made by the judge during the hearing, such as an inaccurate application of legal principles or standards, could be grounds for an appeal. 
• Misinterpretation of the facts: Incorrect conclusions about the evidence presented is also grounds for an appeal and reversal of the FRO.
• Misapplication of the rules of evidence: If the judge improperly applies the rules dictating what evidence is admissible in court, this is grounds for appeal.
• Incomplete findings: The judge’s opinion must thoroughly detail the grounds for the restraining order, including the prior history of domestic violence, the specific incident that triggered the order, and the necessity of the restraining order to protect the plaintiff’s well-being and safety. Any omission of these elements can be grounds for reversing the FRO.
• Due process violations or a violation of rights: Due process rights mandate that the respondent receive legal notice of the FRO hearing and have an opportunity to present evidence in their defense. 

Consequences of Violating a Final Restraining Order

Violating a restraining order is a serious offense and is considered contempt of court, leading to significant consequences:

• First offense: Up to 180 days in county jail and a $1,000 fine
• Second offense: Minimum of 30 days in county jail

If an additional crime is committed in violation of the restraining order, the defendant can face a 4th-degree felony charge, up to 18 months in prison, and a fine of up to $25,000. Given the severity of these penalties, it is crucial to hire an experienced and knowledgeable criminal defense attorney as early as possible.

The Importance of Hiring a Restraining Order Lawyer 

For individuals seeking or responding to a restraining order, attorneys play a crucial role:

For those seeking a restraining order, an attorney can assist in:

• Initial filing: An attorney will explain legal grounds, advise on actions, and ensure correct form submission.
• Court representation: An attorney will advocate for their client, presenting evidence and arguing for the restraining or no-contact order.
• Emotional support: An attorney focuses on client safety and well-being throughout the process.
• Enforcement: An attorney assists in reporting violations, filing motions to enforce the order, and seeking additional protections.
• Modification: An attorney helps file and negotiate changes for client safety.

For those served with a restraining order, an attorney can:

• Clarify the order
• Provide legal advice
• Provide representation in court
• Provide guidance in complying with court orders

Resources and Support 

As a victim, dealing with a restraining order can be daunting and emotionally overwhelming. However, help is available. Below is a list of resources and support services that offer referral services, emotional support, and guidance:

• 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

Contact a Rosenblum Restraining Order Law Lawyer Today 

Navigating the complexities of restraining orders is best managed with the assistance of a seasoned attorney. An experienced lawyer can help gather evidence, prepare and file necessary documents, and represent you effectively in court.

At Rosenblum Law, our skilled attorneys are experts at representing both petitioners and defendants. Contact us today for a free consultation and case evaluation.