Need a Restraining Order Lawyer in New Jersey?

A restraining order, otherwise known as an order of protection, is a civil court order that prohibits contact with the person seeking the order (the petitioner). A restraining order can affect many aspects of someone’s life, including where they can go, parenting time with their children, and their ability to own and possess firearms. 

Someone who is the subject of a restraining order and believes it was approved without a warranted reason should fight the order when possible, which is best accomplished with the assistance of an attorney. The attorney can develop a legal strategy to defend against restraining orders. Our attorneys at Rosenblum Law are experienced in fighting restraining orders and winning favorable outcomes for their clients.

This brief article will give guidance on restraining orders, including what to expect and how they are enforced. It will also give further detail as to how an attorney can help fight one.

Understanding Restraining Orders in NJ 

The following is an overview of the law governing restraining orders, including reasons they are issued, types of restraining orders, and the consequences of a restraining order.

Common Reasons for Restraining Orders 

Restraining orders can be filed in cases of domestic violence or sexual assault. To file a restraining order for domestic violence, someone must have a domestic relationship with the defendant, such as current or former spouse or romantic relationship, roommates, or others living with the plaintiff. To file a restraining order for sexual assault, someone must have been sexually assaulted by the defendant.

Restraining orders in NJ can also be issued for a range of behaviors that aren’t domestic violence or sexual assault, such as: 

• Assault
• Burglary
• Criminal mischief
• Criminal restraint
• Terroristic threats
• Criminal sexual contact
• Criminal trespass
• False imprisonment
• Harassment, including cyber harassment
• Lewdness
• Stalking

Remember that, except in cases of sexual assault, someone must have a domestic relationship with the plaintiff to have a restraining order filed against them. However, charges do not need to be filed for the alleged harassment or assault for a restraining order to be obtained.

Types of Restraining Orders 

There are two types of restraining orders: temporary and final. A temporary restraining order (TROs) is granted automatically by the court but is only in effect until the hearing for a final restraining order (FRO), which is scheduled about 10 days later. A FRO stays in effect until one of the parties files a motion to have it lifted.

The restrictions imposed by TROs and FROs are similar. In particular, a TRO or FRO prohibits the subject of the order from contacting the plaintiff. In addition, both types of restraining orders can: 

• Require the defendant to move out of the home if living with the plaintiff
• Include custody orders and parenting time
• Include changes to parenting time if such changes are in the best interests of the child or children. 

A FRO will also prohibit the subject of the order from owning or possessing firearms.

Consequences of Receiving a Restraining Order

A FRO has significant consequences for the person it is issued against. For a domestic violence related restraining order, a $500 fine is imposed, and the subject of the order must be fingerprinted, photographed, and added to the domestic violence registry. 

Both New Jersey and federal laws prohibit those with a FRO against them from owning or possessing firearms. They expect to have their firearms seized or forfeited once the restraining order is in place. 

Violating a restraining order is considered contempt of court, which is an arrestable offense according to Section 2C:29-9 of the New Jersey State Code. A second offense of contempt of court will result in a minimum 30-day jail sentence.

What to Do When You Have Been Served With a Restraining Order 

If someone is served with a restraining order, they should:

1. Read the documents carefully. The restraining order will explain the restrictions imposed. It is very important to understand these restrictions so that you don’t violate the order.
2. Make note of your court date. The temporary restraining order will have a court date listed, usually within 10 days. If you do not appear and the plaintiff does, an FRO will be issued.
3. Contact an attorney. Someone should not try to fight a restraining order on their own, as they will have a much better chance of success with an attorney. The attorney can provide guidance on following the order,explain any restrictions, and help their client gather potential witnesses and evidence to help defend them in court.

It is important to contact an attorney right away when served with a temporary restraining order. The attorney has a very limited amount of time to understand the facts of the case and gather evidence on the defendant’s behalf. The sooner they are called, the better the chances of fighting the restraining order.

Possible Ways to Fight a Restraining Order 

While a TRO can be automatically obtained, someone seeking an FRO has to prove certain elements in court. The burden of proof falls on the plaintiff, who may present evidence and witnesses to back up their claims.

The defense can do this as well. The most common defenses to restraining orders include:

• Lack of jurisdiction. The court may not have the jurisdiction, or the authority, to hear the case and issue the restraining order. An example would be if the incident happened outside of the geographical area that the court serves. 
• Insufficient evidence. The validity of the evidence presented by the plaintiff can be called into question. 
• False accusations. This involves proving that the grounds for the restraining order are not true or fabricated. Evidence and witnesses can expose false accusations, which would negatively impact the defense strategy of the individual who filed the restraining order. 
• Procedural errors. If there was an error in granting the restraining order, this could be grounds to challenge it – for example, if the defendant was not properly notified of the hearing, or if the hearing wasn’t within the required time frame.

An attorney can best develop a defense strategy based on these or other defenses that is tailored to the situation of their client and the likelihood of success.

The Legal Process of Fighting a Restraining Order in NJ 

The process to fight a restraining order is as follows: 

• If someone is served a TRO, they will have a chance to attend a hearing. During the hearing, the plaintiff will present evidence, witnesses, and arguments for the restraining order. The defendant then has the right to refute that evidence with their own evidence, witnesses, and arguments. 
• If the court serves the individual a FRO, they will have 45 days to appeal the order. A motion to appeal must be filed with the courts, after which a new hearing will be scheduled. 
• During the appeal hearing, the defendant will have the opportunity to fight the FRO. If they miss the appeal window, the FRO can still be dissolved by filing a motion with the court and getting a hearing scheduled. This hearing is similar to a hearing for appeal.

How an Attorney Can Help Fight a Restraining Order 

An attorney can help fight a restraining order in many ways, such as

• Having an initial consultation and case evaluation: The attorney can gather the facts of the case, review a TRO or FRO if they have been issued, and advise on the chances of successfully getting the order lifted.
• Developing a defense strategy: With their understanding of the law, an attorney is best able to develop a successful defense strategy. 
• Gathering evidence and witnesses: The attorney can assist in gathering evidence and witnesses to back up the defendant’s claims.
• Representing their client in court: In court, the attorney will present evidence, witnesses, and arguments on the defendant’s behalf.
• Filing an appeal: An attorney knows the proper papers to file for an appeal if their client receives an unfavorable outcome, and they will represent the client in appeal hearings.
• Filing a motion to dissolve: If an FRO has already been granted, the attorney can file a motion to have it dissolved, meaning the restraining order would be terminated or canceled. An attorney knows the proper paperwork to file for a motion to dissolve and can represent their client in any hearings.

It is clear that someone’s chances of beating a restraining order are greatly improved by having an attorney. Hiring an attorney as soon as someone is served with a TRO is the best way to fight a FRO. Even if a FRO has been ordered, it is not too late to hire an attorney to fight it.

FAQ

Contact a Rosenblum Law Restraining Order Lawyer Today

As you can see, fighting a restraining order is a complicated matter, and one that needs to be addressed immediately. It is best to contact a lawyer the same day you are served with a restraining order. However, even if an FRO has been ordered an attorney may be able to help get it dissolved. 

Rosenblum Law attorneys have extensive experience fighting restraining orders. One of our compassionate, knowledgeable attorneys will take the time to understand your case and create a legal strategy that gives you the best chance at a favorable outcome. Contact us today for your free consultation.