Temporary and Final Restraining Orders — Get One or Fight One
Do I Really Need a Lawyer?
While an individual may request a restraining order on an “ex parte” basis, the process moves quickly and can carry serious legal and personal consequences. Filing errors or incomplete information may cause delays, require additional court appearances, or trigger complex administrative issues with no clear timeline for resolution.
For these reasons, it is often advisable to consult with an attorney. Legal counsel can review your circumstances, explain your options, and help you pursue the most appropriate outcome in court—whether you are seeking protection or defending against a restraining order.
What Is a Restraining Order?
A restraining order is a civil court order designed to protect victims of domestic violence. It is not a criminal judgment and does not, by itself, result in a criminal record. Restraining orders are handled in the Family Division of the Superior Court in the county where the alleged domestic violence occurred or where the parties reside.
Domestic violence is a broad legal term that includes certain acts committed by an adult or an emancipated minor. (An emancipated minor is someone under 18 who has been married, entered military service, has a child or is pregnant, or has been declared emancipated by a court or administrative agency.)
Acts that may constitute domestic violence include:
- Assault
- Criminal sexual contact
- Sexual assault
- Harassment
- Stalking
- Terroristic threats
- Kidnapping
- False imprisonment
- Criminal restraint
- Burglary
- Criminal trespass
- Criminal mischief
- Lewdness
- Homicide
What Protections Can a Restraining Order Provide?
A restraining order may require the defendant to stay away from the plaintiff, other protected individuals, or specific locations connected to the alleged abuse. It can also prohibit any form of contact, including phone calls, emails, text messages, or indirect communication.
Are There Different Types of Restraining Orders in New Jersey?
Yes. New Jersey recognizes two types of restraining orders:
- Temporary Restraining Orders (TRO)
- Final Restraining Orders (FRO)
A Temporary Restraining Order may be issued by a judge based on the initial application and remains in effect until a Final Restraining Order hearing is held. In emergency situations or outside normal court hours, an on-call municipal judge may issue a TRO.
A Final Restraining Order hearing is typically scheduled within ten days of the TRO being issued. At that hearing, both parties have the opportunity to present testimony, evidence, and witnesses.
Can a Restraining Order Be Customized?
Yes. A restraining order may include additional provisions tailored to the situation, such as temporary child custody arrangements, financial support, or other conditions designed to protect the parties involved. Courts may also impose strict no-contact provisions, including prohibitions on even a single text message or email.
Is a Final Restraining Order Permanent?
A Final Restraining Order does not have an expiration date. However, the defendant may later petition the court to modify or dissolve the order under certain circumstances.
Is It Difficult to Dismiss a Restraining Order?
Once a Temporary Restraining Order is issued, dismissing it generally requires a court appearance, completion of required paperwork, and placement of the dismissal on the record before a judge. In some cases, counseling or additional procedural steps may be required.
What Happens If a Restraining Order Is Violated?
Violating any restraining order may result in criminal charges, fines, and additional penalties. A violation may also lead to the loss of the right to legally possess firearms.
Must the Defendant Appear in Court?
When a Temporary Restraining Order is requested, the applicant is typically present, while the defendant is usually not.
At the Final Restraining Order hearing, both the applicant and the defendant have the right to appear and present their case. If the defendant fails to appear, the court may either continue the temporary order or issue a Final Restraining Order, provided there is proof that the defendant was properly served with notice by law enforcement.
Testimonials:
