NJ Restraining Orders Lawyers

NJ Restraining Orders Lawyers

Getting a restraining order in New Jersey can be a complicated process. There’s a lot of legal jargon and paperwork involved that can make it intimidating. But having an experienced NJ restraining order lawyer on your side makes the process much smoother.

In this article, we’ll walk through everything you need to know about restraining orders in NJ. We’ll cover:

• What is a restraining order?
• Different types of restraining orders
• How to file for a restraining order
• Serving restraining orders
• Attending the restraining order hearing
• Violating a restraining order
• Modifying or dismissing a restraining order

We know this is a stressful time. Our goal is to empower you with knowledge so you can make the best decisions for your situation. Let’s get started!

What is a Restraining Order in New Jersey?

A restraining order is a court order that helps protect people from harm or harassment. It orders someone to stop abusing, threatening, stalking or harassing you. Restraining orders in NJ can also determine custody, visitation, and financial support.

Some key facts about NJ restraining orders:

• They prohibit the offender from having any contact with you, even through a third party.
• They can prevent the offender from entering your home, workplace, school, or other locations.
• They can grant you temporary custody of children and pets.
• They can require the offender to pay financial support.
• They last indefinitely, unless otherwise specified.

Violating a restraining order is a criminal offense in NJ. It can result in fines, probation, and even jail time. That’s why having an order can deter offenders from further abuse and give you peace of mind.

Types of Restraining Orders in NJ

There are three main types of restraining orders in New Jersey:

Temporary Restraining Order (TRO)

A TRO offers emergency protection that starts immediately. It lasts until a court hearing takes place (usually 10 days later). At that hearing, a judge can dismiss the TRO or extend it into a final restraining order (FRO).

To get a NJ TRO, you must file a domestic violence complaint and TRO application. You’ll need to describe the abuse and why you’re in danger if the court doesn’t step in immediately. These forms are available at the county courthouse or police department.

Final Restraining Order (FRO)

A FRO offers long-term protection for victims of domestic violence. It typically lasts indefinitely, unless the judge specifies an expiration date. The standard for getting a FRO is more involved than a TRO. You’ll need to prove there was harassment, stalking, or abuse in the relationship.

At the FRO hearing, both parties can testify and present witnesses and evidence. If you prove your case, the judge will issue the final restraining order against the offender.

Civil Restraining Order

Civil restraining orders (CRO) cover non-domestic cases like disputes between neighbors, co-workers, or acquaintances. Like FROs, they offer long-term protection against harassment or stalking.

The process for getting a CRO is filing a civil complaint and requesting injunctive relief. An experienced attorney can help craft the strongest argument for why you reasonably fear for your safety from the offender.

How to File for a Restraining Order in NJ

Filing for a restraining order in New Jersey involves completing forms, filing them with the court, and attending a hearing. Here are the key steps:

1. Fill out the domestic violence complaint and TRO application forms. This includes detailing the abuse and why you need immediate protection. Get help from court staff if needed.
2. File the forms with the Family Division of the Superior Court in your county. You can file in person at the courthouse or police station.
3. Attend the TRO hearing (usually within 10 days). A judge reviews your complaint and can grant an emergency TRO.
4. Serve the TRO on the offender. This gives them official notice of the order. Law enforcement typically serves the papers.
5. Attend the FRO hearing (within 10 days of serving the TRO). The judge hears testimony from both parties and makes a final decision.
6. Get a copy of the FRO. Keep it with you at all times in case you need to show proof of the order.

Having an experienced NJ restraining order attorney assist you through this process can make a huge difference. They can help complete the paperwork, file the correct forms, represent you at hearings, and ensure proper serving procedures.

Serving Restraining Orders in NJ

To give official legal notice about the restraining order, the offender needs to be “served” with court papers. This is typically done by law enforcement.

How it works:

• After you file the TRO, the court sends it to the local police department.
• Police officers serve the offender in person, usually that same day or next morning.
• The officer gives the offender notice about the hearing date, terms of the order, and consequences for violating it.
• The officer completes and files an Affidavit of Service with the court showing proof of service.

If police are unable to serve the restraining order, the court may allow alternate service methods like serving by mail. Your attorney can advise you on the proper procedures.

Attending the Restraining Order Hearing

The TRO and FRO hearings give both parties a chance to testify before the judge. Here are some tips for a successful restraining order hearing:

• Bring any evidence like photos, medical records, police reports, threatening texts/emails, etc. Anything that helps prove the abuse happened.
• Have witnesses testify on your behalf about what they experienced or witnessed.
• Give clear, detailed testimony about the timeline of abuse. Stick to factual descriptions of events.
• Stay calm under cross-examination. Listen carefully and answer honestly.
• Highlight any violations of the TRO to show the offender’s disregard for court orders.
• If you feel flustered or overwhelmed, ask the judge for a recess to collect yourself.
• Accept the judge’s final decision, whether it’s in your favor or not.

Having an attorney represent you at the hearing takes a lot of pressure off your shoulders. They can use their expertise to present the strongest case for maintaining the restraining order protections.

Violating a Restraining Order in NJ

Once a restraining order is in effect, the offender must fully comply with its terms or face criminal charges. In NJ, violating a restraining order is considered contempt of court and can result in:

• Fines up to $1,000
• Up to 6 months in jail
• Community service
• Probation

If the violation involves assault, harassment, or stalking, it can trigger additional criminal charges and penalties. Any violations should be reported to the police immediately.

Keep a detailed log of any violations, including dates, times, witnesses and evidence. This documentation strengthens the case for pursuing criminal contempt charges. An attorney can also file an emergency motion to enforce the restraining order if violations continue.

Modifying or Dismissing a Restraining Order in NJ

Restraining orders are designed to last indefinitely, unless otherwise specified. However, if circumstances change, you can request modifications or dismissal of the order.

Reasons someone might request changes include:

• You want to resume contact or reconcile with the offender
• You want to modify custody, visitation or financial arrangements
• The offender wants early termination of the restraining order

To modify or dismiss a restraining order in NJ, you must file a formal request with the court and attend a hearing. There, you’ll explain to the judge why you believe the order should be altered or rescinded. They will decide whether to grant the request.

Having an attorney handle this process improves your chances of success. They know the right legal arguments and testimony strategies to persuade the judge.

Choosing the Right NJ Restraining Order Lawyer

As you can see, successfully obtaining and keeping a NJ restraining order requires expert legal guidance. Here are tips for choosing the right attorney:

• Find an attorney experienced specifically with restraining orders. This area of law has unique rules and strategies.
• Understand the lawyer’s track record with getting orders approved and enforced.
• Choose someone who makes you feel supported, listened to, and empowered.
• Discuss upfront what their representation will entail and what fees to expect.
• Look for someone passionate about protecting victims’ rights.

At the end of the day, you want a NJ restraining order lawyer who will be your fierce advocate. With the right attorney, you can feel confident the court will grant the protections you need.

Sources:

• https://www.njrestrainingorderlawyers.com/how-to-fill-out-restraining-order-forms-in-new-jersey/
• https://www.njcourts.gov/sites/default/files/courts/family/dvprcman.pdf
• https://www.weinbergerlawgroup.com/domestic-violence/restraining-orders/file-tro/
• https://www.njfamilylawllc.com/how-to-fill-out-restraining-order-forms-in-new-jersey
• https://www.nj.gov/oag/dcj/njpdresources/dom-violence/dv-tro-trng-guide.pdf
• https://www.njcriminaldefensellc.com/new-jersey-restraining-orders