Facing a restraining order is a stressful situation, and the entry of a final restraining order (FRO) in NJ carries real and permanent consequences. A restraining order will stem from a domestic violence situation and will result in restricted communication and contact with the complainant.

It will also often affect permitted contact with children or other family members. Defending against a restraining order, often called a protective order in other states, is never easy. It is made more difficult by the emotional toll of the failed relationship, coupled with the serious legal consequences.

If you are the subject of a restraining order, you must seek guidance from one of the skilled restraining order defense attorneys at Villani & DeLuca, P.C. Never ignore the notice of hearing. If you do, the temporary restraining order (TRO) will be converted into a final restraining order (FRO) in your absence.

You must fight to defend against the entry of the final order. Read on to learn more about the two types of restraining orders recognized in New Jersey and how we can build a strong defense for your case.

What Determines An Act of Domestic Violence

To qualify as a victim of domestic violence under 2C:25-17, the Prevention of Domestic Violence Act (PDVA), a person must be a spouse or ex-spouse, involved or previously involved in a romantic or sexual relationship, a family member, someone who cohabitated with the defendant, or someone who has a child with the defendant.

To determine if an act qualifies as domestic violence, an alleged abuser must have committed one of the following crimes under N.J.S.A. 2C:

• Harassment under 2C:33-4,
• Terroristic Threats under 2C:12-3,
• Stalking under 2C:12-10,
• Assault under 2C:12-1,
• Criminal Mischief under 2C:17-3,
• Sexual Assault under 2C:14-2,
• Lewdness under 2C:14-4,
• Trespass under 2C:18-3,
• Burglary under 2C:18-2.

Temporary restraining order

With all restraining orders, one party is designated as the defendant and the other as the complainant. The initial filing is called a temporary restraining order (TRO), which is issued to provide temporary protection from alleged domestic abuse.

A TRO is very powerful and provides the complainant with complete protection against contact and communication of any nature from the defendant. Any contact by the defendant after being served with a TRO is punishable by a criminal charge of contempt, which can result in jail.

If a TRO is filed, all weapons owned by the defendant will be confiscated by the police and will only be returned after a hearing on that issue.

Final restraining order

The TRO remains valid until a full hearing, which will be decided by a Superior Court Judge. The hearing is a trial in Superior Court where the judge will first take testimony from the complainant and any of the complainant's witnesses. After each witness testifies, the defense is permitted to cross-examine. The defense then has the opportunity to allow the defendant to testify and call witnesses.

At the conclusion of the hearing, the judge will decide whether the complainant has proven their case. If so, a final restraining order will be entered. The judge must find by a preponderance of the evidence that an act of domestic violence occurred and must then determine whether a final restraining order is necessary to protect the victim.

If a FRO is entered, the defendant may face the following consequences:

• Preclusion from contact with the victim

• Conditions set on contact with children

• Conditions set on contact with family members and friends of the victim

• Establishment of support obligations

• Imposition of fines

• Mandatory counseling

• Any other conditions the judge deems appropriate

In New Jersey, an FRO is permanent. While many other states impose restraining orders for a set period of years, in NJ, they can last forever. If an FRO is imposed, the defendant will be registered with the NJ Domestic Violence Registry and will forfeit any guns owned, as well as any firearms ID cards and the right to own firearms.

Wrongfully Accused

In New Jersey, domestic violence is based upon actions that could constitute crimes or disorderly persons offenses, but the actual restraining order hearing is a family court matter and is treated very seriously.

If you believe you have been wrongfully accused and are served with a TRO, remain calm and comply with the order while you await your hearing. Abide by all rules and avoid any contact with the victim, as victim contact will result in criminal charges.

Violations

New Jersey is one of just a few states that have a permanent aspect to final restraining orders. In most states, restraining orders extend for a designated period of time, such as one year or 18 months. In New Jersey, forever means exactly that, unless the order is modified by a superseding court order.

Any violation of this court-issued protective order qualifies as a criminal charge and could result in arrest and jail time.

Building a Strong Defense Against a Restraining Order

If you are facing a restraining order, contact Villani & DeLuca, P.C. today. Seeking immediate legal advice and representation will greatly increase your chances of a favorable outcome.

Our attorneys have over 100 years of combined legal experience and proudly serve New Jersey residents throughout Monmouth County and Ocean County.

Call us today at (732) 709-7757 for a free, confidential consultation. You can also visit our Frequently Asked Questions page for answers to common NJ domestic violence questions.