Essex County Restraining Orders.

Temporary Restraining Order

In Essex County, New Jersey, a restraining order is an order entered by a judge to protect an alleged victim from domestic violence against you, who is termed the defendant. A plaintiff asks the Family Division of the Superior Court for a restraining order under the Prevention of Domestic Violence Act. That’s a temporary restraining order, or “TRO.” Normally, the judge issues the TRO after only hearing from the alleged victim. A TRO remains in effect only until a hearing before a Family Division judge (called a “final hearing”) is held where both sides present evidence. At the final hearing, the judge can either enter a “Final Restraining Order,” or “FRO,” or dismiss the TRO altogether. FROs don’t end on a specific date. They remain in effect indefinitely. Restraining orders are civil in nature.

A plaintiff can get a restraining order against you if he or she is either a current or former spouse, a current or former household member, someone you dated, or a person who has a child with you. A judge can enter a restraining order against you if he or she believes that your actions constituted one or more of the following categories of domestic violence, known as “predicate acts”: harassment, assault, terroristic threats, stalking, and similar offenses.

If the person trying to get a restraining order against you is not in a domestic relationship with you, you cannot be issued a restraining order under the Prevention of Domestic Violence Act. However, you may still face criminal charges that can result in a no-contact order. If the person accuses you of stalking or cyber-harassment, you may face a temporary protective order as well. Since July 2021, a protective order can be entered against anyone who commits a listed act of domestic violence. That includes stalking, nonconsensual sexual contact, cyber-harassment, lewdness, or attempts to commit these crimes.

When the courthouse is open, the accuser would apply directly to the Family Division at the county courthouse. After hours, an accuser can apply at the local police station. There, a municipal court judge decides whether to grant a Temporary Restraining Order without you being present. After a TRO is granted, it is served on you by a law enforcement officer. The TRO will be issued in the county where either of you lives or where the incident happened.

A Temporary Restraining Order prohibits you from contacting the alleged victim (and others, like the children or other family members). It also lists specific places, such as homes and schools, where you are prohibited from going. A TRO also might cover custody of any children born to the parties and visitation if that issue is raised before the judge. It may also include an award of temporary support.

The Final Hearing

Usually on the last page of the Temporary Restraining Order, the judge will indicate a return date - the date when the final hearing will take place. This date is determined according to New Jersey law, which requires that the final hearing be held within 10 days of issuance of the TRO. However, the hearing might be postponed by request of either side.

You do not get a public defender when facing a civil restraining order. If you cannot afford a lawyer, you can try to represent yourself.

At the first court hearing, the plaintiff in a civil restraining order action has the right to ask the court to dismiss the case, but they must sign paperwork saying they are doing so freely and voluntarily. It is customary for the Court to ask the Plaintiff to meet with a domestic violence counselor before the dismissal will be granted. Plaintiff and defendant may also agree to a civil restraints agreement. You can move for a postponement for the purpose of obtaining an attorney or for gathering any necessary evidence. However, because court calendars are busy, trials are rarely held on the first date.

The plaintiff must prove their allegations by a preponderance of the evidence, that is, by more than 50%. This is the civil standard of proof, not the criminal standard. You have a right to testify. However, you are not required to testify in a restraining order action as a defendant.

An accuser must provide evidence to support their claim, such as text messages, emails, voicemails, photos, police reports, and witness statements. The judge will also consider whether there is any past history of domestic violence between the accuser and the accused. Judges are also allowed to consider non-physical abusive behavior, known as coercive control.

A FRO remains in place until it is either lifted or modified (by the Judge). Your name will be entered into a statewide database, and you will be fingerprinted and photographed. Maybe even more important, your FRO is enforceable under federal law in every other state. Only a judge can lift a restraining order. And even if you and the accuser resume a relationship with one another, the order is still in effect. If the judge decides a final restraining order is warranted, you have the right to appeal that decision to the Appellate Division within 45 days of the order being entered.

Temporary restraining orders are easy to get and are issued without ever hearing from you. In the contentious world of family court, it’s sadly common for a TRO to be filed as a pre-emptive tactic in an upcoming divorce. But getting a final order is a lot harder. Take time to read the allegations. In particular, check the return date.