There are two main types of restraining orders you can obtain in New Jersey:
Temporary Restraining Order (TRO)
A Temporary Restraining Order (TRO) is an emergency measure you can file to obtain immediate protection from your abuser. This order can be issued without the abuser being present in court. The goal is to provide urgent protection while you await a full court hearing for a Final Restraining Order (FRO).
A TRO can include:
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- Exclusion: It can require the abuser to leave your home, even if they are a co-resident.
- No Contact: It can prevent the abuser from contacting you or your children, either directly or indirectly (e.g., via text, phone, or through third parties).
- Temporary Custody: If you have children, the court may grant you temporary custody and establish visitation arrangements.
- Weapons Surrender: The abuser may be required to surrender any firearms to law enforcement.
- Child and Spousal Support: In some cases, the court can order the abuser to pay temporary support for you or your children.
How to File for a TRO in New Jersey
You can file for a TRO in several ways:
- At a local courthouse: You can file for a TRO at the Family Court or the Municipal Court in your county.
- After Hours: If you need a TRO outside of regular court hours, you can file at your local police department. Many police stations in New Jersey have a Domestic Violence Response Team (DVRT) that can help you with the process.
The TRO will remain in effect until the next court hearing, typically within 10 days. At this hearing, the judge will determine whether to issue a Final Restraining Order (FRO).
Final Restraining Order (FRO)
A Final Restraining Order (FRO) is a permanent order issued by the court after a hearing. The hearing for an FRO will typically be scheduled within 10 days after you’ve obtained a TRO. During this hearing, both you and the abuser will have the opportunity to present evidence and testify. However, even if the abuser does not appear, the judge can still issue an FRO based on the evidence presented.
A Final Restraining Order can:
- Provide long-term protection against the abuser.
- Grant permanent custody of children or pets to you.
- Evict the abuser from the home (if they are a co-resident).
- Order financial relief, such as temporary child support or spousal support.
- Order the abuser to attend counseling or treatment programs for anger management or domestic violence.
- Prevent the abuser from contacting you in any way, including through social media.
The FRO is in effect indefinitely, unless modified or vacated by the court. It can be enforced by law enforcement, and any violation of the FRO can lead to criminal penalties, including arrest.
Steps to Obtain a Restraining Order in New Jersey
- File a Complaint – To initiate the process, you will need to file a domestic violence complaint with the court or law enforcement. You will fill out paperwork detailing the abuse and the specific protections you’re seeking. It is critical that you are thorough in the complaint and include anything you may want to testify about.
- Attend the TRO Hearing – Once your complaint is filed, the court will decide whether to issue a Temporary Restraining Order (TRO). If granted, the order will be in place temporarily while the court schedules a Final Restraining Order (FRO) hearing. At this hearing, both you and the abuser will be allowed to present evidence.
- Prepare for the FRO Hearing – The hearing for a Final Restraining Order is your opportunity to explain your case to the judge. It’s essential to bring as much evidence as possible, such as:
- Witness testimony (from friends, family, or neighbors who may have witnessed the abuse)
- Police reports (if the police were called in response to the abuse)
- Medical records (if you sought medical treatment for injuries resulting from the abuse)
- Photographs (of injuries or property damage)
- Text messages, emails, or social media posts that show harassment or threats
If the abuser does not attend the hearing, the judge may still issue the FRO based on the evidence you present.
- Enforcement of the Restraining Order
Once the FRO is issued, it is enforceable immediately. The abuser is legally prohibited from having any contact with you, and law enforcement can arrest them if they violate the order. If the abuser has firearms, they are required to surrender them, and this action is also enforceable under the FRO.
What Happens If the Abuser Violates the Restraining Order?
If the abuser violates the Temporary Restraining Order (TRO) or Final Restraining Order (FRO), it is considered a criminal offense. Violating a restraining order is a serious crime in New Jersey and can result in:
- Arrest: Law enforcement can arrest the abuser immediately for violating the order.
- Criminal Charges: The abuser may face charges, including contempt of court, which can carry criminal penalties.
- Additional Penalties: If convicted, the abuser can face fines, imprisonment, or both.
If you are harassed or threatened by the abuser in violation of the restraining order, contact law enforcement immediately. You do not have to tolerate any further abuse.
Can a Restraining Order Be Modified or Canceled?
Yes, a restraining order can be modified or dismissed under certain circumstances. If the abuser petitions the court to modify or vacate the order, you will have the opportunity to present your case before the judge. If you wish to have the order dismissed or changed, you can also petition the court.
However, it’s important to understand that modifying or dismissing a restraining order is not always in the victim’s best interest, especially if the abuse is ongoing or there are continued threats.
Legal Help for Obtaining a Restraining Order
Navigating the legal process of obtaining a restraining order can be complex, but critical to the safety of yourself or your loved ones. Contact Stark & Stark’s family law department to learn more about what your case requires to be successful today.
