For the unversed, a restraining order is a precise court order that prohibits the defendant from contacting or coming close to the plaintiff for a specific time. Restraining orders are used to prevent further acts of violence, and the defendant could be asked to stay away from the plaintiff’s family, friends, or even roommates, along with the place of work and residence of the plaintiff. If you have been charged with a restraining order in NJ, you should know that the order remains in place even if you reconcile with the plaintiff. Violating the order may result in criminal charges. Here are the types of restraining orders in the state.
When is a restraining order issued?
If the court finds that the plaintiff has valid reasons to fear for their safety (or their family’s safety), the judge may issue a restraining order. Typically, restraining orders are issued in cases involving harassment, assault, stalking, sexual assault, kidnapping, and threat. Issuing a restraining order is at the discretion of the judge, who may pass the same if they believe that the petitioner needs to be protected from the defendant.
Explaining restraining orders
- Temporary restraining orders: Also called TROs, temporary restraining orders are issued to offer temporary relief to the petition. If the plaintiff has filed a complaint related to domestic violence and has requested a TRO, the court will hear the matter ex-parte and determine whether a restraining order is necessary. The TRO will be served to the accused with a hearing date for the final restraining order, which is set within ten days.
- Final restraining orders: Also called FROs, final restraining orders in NJ stay in place forever. The judge will consider all aspects before issuing the TRO. Whether parties share a domestic relationship if there has been a predicate act of domestic violence, and whether there is a need for a FRO. FROs prohibit the defendant from contacting the plaintiff in the future. If a FRO is ordered, the fingerprints and photograph of the defendant would be taken, and a fine of up to $500 would be imposed. The defendant can no longer own a gun or firearm in NJ.
FROs can have severe implications on the defendant’s life, which is precisely why they need to prep themselves for the final hearing. If you need help, talk to an attorney and make sure that you work on the case in detail.