Restraining Orders in New Jersey

In New Jersey, restraining orders are intended to prevent domestic abusers from contacting and continuing to victimize their partners. There may be other restrictions — the nature and seriousness of which are determined by the court based on the circumstances outlined in the allegations. Sometimes, it is appropriate to change the restrictions. This is what you need to know.

Who Can Get a Restraining Order?

Restraining orders are available for domestic violence and sexual assault cases.

Domestic Violence Restraining Orders

These restraining orders are pursuant to the Prevention of Domestic Violence Act of 1991. A person seeking a restraining order must be at least 18 years old (or a minor who has been legally emancipated) and a victim of domestic violence at the hands of the individual (the accused) against whom they are asking for the order.

The accused may be:

a spouse (or ex-spouse) or family/household member; or
someone with whom the alleged victim has had or is having a romantic relationship, a sexual relationship, or child/children.

The victim must be alleging that the accused has committed one or more crimes of violence against them. Violent offenses include:

assault/sexual assault;
(attempted) homicide;
kidnapping/false imprisonment;
criminal mischief/trespass;
burglary/robbery;
harassment/cyber harassment;
stalking; and
contempt of a (previous) domestic violence order.

Additionally, the victim needs to demonstrate a rational or reasonable fear of the accused based on the circumstances of the case.

Sexual Assault Restraining Orders

In circumstances where the victim has no specific relationship with the abuser, a restraining order may be granted under N.J. Stat. § 2C:14-14. This covers crimes — or attempted crimes — like nonconsensual sexual contact or penetration, stalking, cyber-harassment, lewdness, etc.

Duration of Restraining Orders

There are two kinds of restraining orders: temporary and final.

Temporary Restraining Order (TRO)

To get a TRO, the victim files a complaint with local police or the Superior Court’s Domestic Violence Unit of the Family Division at the local courthouse. If it is deemed that the victim needs protection, a TRO is issued and served on the accused by police. The TRO will provide a final hearing date (usually up to 10 days later). If the abuser possesses firearms, they will likely be seized at this time. If the accused and victim live together, the abuser must vacate the property. It doesn’t matter who owns it.

A TRO is valid until the court rescinds it, makes another TRO to replace it, or issues a final restraining order. Provisions may include:

no returning to the home (except with police, to pick up personal items);
removal of weapons;
temporary custody of children/pets going to the victim; or
anything else the court feels is appropriate.

The court will look at the circumstances of the case, including the acts in question, as well as the history of the relationship and abuse.

Final Restraining Order (FRO)

An FRO will be granted if the court, based on the facts and evidence presented in the case and final hearing, determines that:

the parties have a domestic relationship in the case of domestic violence;
the accused committed the requisite violent act against the victim; and
an order is needed to prevent further acts of violence in the relationship.

Both the victim and the accused may provide evidence in the final hearing. But an FRO can be issued whether or not the accused is present at the final hearing.

The FRO is in effect indefinitely. FRO provisions often include:

no contact between the accused and the victim;
no violence towards the victim or anyone else named in the order;
not going to the victim’s house, work, school, etc.;
attending domestic violence counseling;
custody and child visitation arrangements; and
anything else the court thinks is appropriate.

Making Changes to Restraining Orders

The procedure for changing terms in a restraining order depends on what stage you are at.

Changing Temporary Restraining Orders

The TRO comes with a hearing date, so it usually makes the most sense to challenge restrictions at the hearing itself. For example, if the parties work in the same building but different floors, and the TRO says the accused can’t be at that building, the accused could ask the court to carve out an exception for the purpose of employment, or specify a particular floor.

Changing Final Restraining Orders

If it is an FRO, you will need to go back to the court that granted the order and file a modification petition. You will be given a hearing date, at which you will need to explain the reasons you are requesting the modifications to the judge. If the judge thinks the modifications are reasonable, they will likely be granted. If one side is looking to have the FRO dismissed, the judge will need to determine whether there is “good cause” to vacate the order.

The court will look at factors such as:

whether both sides consent;
whether the victim is still afraid of the accused;
whether the accused has a drug or alcohol issue;
whether the accused attended counseling that was directed;
whether there are other restraining orders in other courts; and
anything else the court thinks is relevant.

The court will want to hear from the victim. If the victim agrees with rescinding the order or making changes to it, the judge will want to make sure they weren’t coerced. If the victim opposes what is being reasonably proposed, the judge will want to make sure the victim isn’t just being difficult or trying to make the accuser suffer.

How a Lawyer Can Help with a TRO or FRO Matter

Whether you are the victim — but more importantly, if you are the accused — you should seek legal advice. Breaching any provision of a restraining order is contempt of a court order, for which the accused can be arrested and charged. That’s why you should talk to a lawyer even in the early stages of the restraining order process. Your lawyer can also negotiate with the other side to see if there can be an agreement between the parties so that the court’s order is fair to both.

Experienced criminal defense lawyer Michele Finizio and her team know the New Jersey legal system, and are dedicated to ensuring fairness. She understands the impact seemingly simple restrictions can actually have on real life. She can determine whether the restrictions are unreasonably onerous for you, your children, or other family members, and how they could affect your employment, travel, and everyday communications — and fight to make sure you can still work, see your kids, and live your life.

Call today. Make sure your legal rights are protected.