In New Jersey, being served with a restraining order can be a huge disruption to both your personal and professional life. You might be banned from having contact with your spouse or domestic partner. You could temporarily lose custody of your children. You may need to modify your routine and the places you frequent in order to avoid the protected party. You'll also have to surrender any firearms you own—and you won't be allowed to purchase or own firearms as long as the restraining order is in place. Any breach of the restraining order can result in criminal contempt charges in addition to any domestic violence charges you might already be facing.
But the trouble doesn't always end there. If you are a nurse licensed to practice in New Jersey, the restraining order could also create trouble with the New Jersey Board of Nursing regarding your license. Nurses are expected to maintain high standards of professional and ethical conduct. Crimes of moral turpitude (such as domestic violence) may be grounds for losing your license, and the presence of a restraining order against you may suggest domestic violence even if no formal criminal charges were filed. That doubt could be enough to cause the board to suspend or revoke your license to practice.
If you are served with a restraining order, you may avoid significant sanctions for your professional license by being as proactive as possible in contesting the order. The following information has been provided by the Lento Law Firm to assist you in learning about the consequences of a restraining order on your nursing license and the measures you should take to safeguard it.
How Restraining Orders Work in New Jersey
A restraining order is a civil court order typically issued in cases of alleged domestic violence and/or sexual assault. The restraining order bans the defendant from having contact with the plaintiff. New Jersey recognizes three types of restraining orders:
- Temporary Restraining Order (TRO)—a ten-day ban from contact pending a hearing
- Final Restraining Order (FRO)—a permanent restraining order that can only be rescinded by a judge
- Sexual Assault Restraining Order—a specific restraining order to protect victims of sexual assault and/or harassment.
If you are served with a restraining order in New Jersey, you can't have contact with the person who filed it against you while the restraining order remains in effect. The restraining order may also award temporary custody of your children to the plaintiff (i.e., your spouse or partner), force you from your home (if shared with the plaintiff), require you to continue paying rent on the home you left, and other provisions. Judges have a lot of latitude when structuring restraining orders to fit the need.
Who Can File a Restraining Order Petition in New Jersey
A restraining order can be filed by any adult or legally emancipated minor to request protection against spouses, partners, or cohabitants. Specifically, restraining orders can be filed against:
- Spouses, former spouses, or intimate partners
- Dating or former dating relationships
- Someone with whom they have a child (or are expecting one)
- Present or former household members (e.g., roommates, live-in relatives)
While regular TROs and FROs only apply to the relationships listed above, sexual assault restraining orders are designated to protect victims from anyone else who might have committed or threatened unwanted sexual contact with the victim.
The Restraining Order Process in New Jersey
Most restraining orders begin with Temporary Restraining Orders (TROs), which may be requested at the local Superior Court during business hours—or after hours by reaching out to local law enforcement, who will contact an on-call judge. TROs are issued "ex parte," meaning without your presence or input. The TRO goes into effect immediately and stays in effect for up to ten days, pending a formal hearing.
At the final hearing, you will be permitted to appear with an attorney to present your side of the story along with any evidence and witnesses to support your case. You can then challenge the restraining order and give your reasons why. At the conclusion of the hearing, the judge will decide whether to allow the TRO to expire or to issue a Final Restraining Order (FRO). If the restraining order is finalized, it stays in effect permanently until either the plaintiff or defendant lodges a successful petition to have it rescinded by a judge.
It is very much in your best interest to show up for the hearing and present your defense to try and have the restraining order dismissed rather than finalized. If you fail to show, the judge will likely rule summarily against you and issue the FRO.
What Happens If a Restraining Order Is Violated
A restraining order is a civil matter and may go into effect without any other criminal charges being filed. However, if you violate the terms of the restraining order in any way, even incidentally, you could be arrested and charged with criminal contempt. In New Jersey, this is a serious offense—a fourth-degree indictable offense (felony) in New Jersey. If convicted, you could be fined up to $10,000 and serve up to 18 months in state prison. Make sure you read and understand the restraining order fully to make sure you abide by the terms to the letter.
How a Restraining Order Can Affect Your Nursing License
The existence of a restraining order can ultimately have an impact on your ability to practice nursing in New Jersey, whether you are applying for a new license or whether the Board of Nursing decides to take action on an existing license. In New Jersey, licensed nurses are expected to uphold the highest ethical and professional standards. While a restraining order in itself does not constitute a criminal offense, it does reflect badly on you professionally because it indicates someone deems you to be unsafe—and the court agreed. Since allegations of misconduct, unprofessional behavior, and/or crimes of moral turpitude can result in having your nursing license revoked, a restraining order on your public record could trigger an investigation by the State Board of Nursing, possibly resulting in disciplinary action against you.
Here are some examples of how a restraining order could put your nursing license at risk:
- The Board of Nursing sees the restraining order on your record (or is notified about it) and calls for an investigation.
- You are convicted of contempt for violating your restraining order, and the resulting conviction is reported to the Board of Nursing.
- You were required to disclose the restraining order and any accompanying criminal charges to the Board of Nursing, and you failed to do so.
- A colleague, patient, or other person becomes aware of the restraining order against you and files a complaint with the Board of Nursing.
The Standard Disciplinary Process
If the New Jersey Board of Nursing believes your restraining order potentially signifies a violation of the public trust, it may initiate disciplinary action against your license. The disciplinary process generally works as follows:
- The board will investigate. The board will consider the matter and determine if further action is necessary. The board may ask you for a written explanation of the restraining order, allowing you to present your side of the story.
- The board may offer a consent decree. If the investigation convinces the board that disciplinary action is called for, they may offer to allow you to sign a consent decree in lieu of a formal hearing. This document constitutes a voluntary admission of wrongdoing on your part, and you agree to submit to the disciplinary action recommended by the board. This is not always the best option, but in some cases, it may either allow you to keep your license or open the door for reinstatement at some point.
- The board holds a formal hearing. If the matter moves into the hearing phase, you'll appear before the Board of Nursing or before an Administrative Law Judge (typically with an attorney) to answer the complaint against you.
- The board makes a final determination and takes action. The Board of Nursing will make a final call whether to impose sanctions against you or penalize you, up to and including suspending or revoking your nursing license.
Is Losing My License Basically Guaranteed if I Have a Restraining Order Against Me?
Not necessarily. The Board of Nursing will go through the entire disciplinary process before making a decision. If you and your attorney can provide context to show you are competent as a nurse and not a threat to others, they may dismiss the complaint completely--or possibly impose lesser such as restrictions on activities, fines, mandatory continuing education, formal reprimands, etc.—any of which would allow you to keep your license. If the restraining order was triggered in part by extenuating circumstances like substance abuse, the board might also allow you to complete an approved treatment program in lieu of disciplinary action (something called “alternative-to-discipline”).
It's important to note that cooperation is key with any Board of Nursing investigation. If the board feels you are less than honest or forthcoming at any point in the investigation, they will be more likely to suspend or revoke your nursing license.
If I'm Allowed to Keep My Nursing License, Could the Restraining Order Still Damage My Career?
Yes, it could. First, any formal action taken against your license will show up on your public, professional record even if you are allowed to continue to practice. Second, the restraining order itself is a matter of public record and could show up in background checks. Either of these records could impact your professional credibility with clients, patients, colleagues, and potential employers.
Will My Restraining Order Turn Up on a Criminal Background Check?
No, it won't. The restraining order is a civil order and does not appear on your criminal record unless you violate the order. A criminal contempt conviction is a felony-level offense and will appear on your criminal history check. Be advised, however, that a restraining order will still show up on your public record as part of the Domestic Violence Central Registry even if no criminal charges are filed--potentially triggering an investigation with the Board of Nursing.
I Was Served With a TRO, but It Was Not Finalized. Is It Still on My Public Record?
Most likely not—not in New Jersey. If someone files a TRO against you, but it doesn't become finalized (a FRO), it will likely not appear in any background checks and shouldn't have an impact on your nursing license. This is all the more reason why you should contest your restraining order at the hearing to attempt to keep it from being finalized.
Will a FRO Show Up on General Background Checks?
Possibly, but not likely. However, it will be registered in the Domestic Violence Central Registry, where anyone can do a search and find it.
Will a FRO Stay Visible on My Record Even After It Expires?
FROs do not expire in New Jersey. They remain in effect permanently until one of the parties submits a successful request to have the order lifted. Even if the FRO is lifted, it will typically remain permanently in the court's records.
Could the Board of Nursing Still Take Action Against My License if My Restraining Order Was Lifted or Vacated?
Yes—if the board has reason to believe the restraining order violates the public‘s trust. The Board of Nursing has the duty of safeguarding the public by granting licenses only to those it believes are competent and deserving, and if a restraining order is (or was) in place, this may jeopardize your trustworthiness. However, if you can get your FRO lifted, it's typically easier to convince the board to allow you to keep your license than if the FRO stays in effect.
Options for Protecting Your Nursing License in the Event of a Restraining Order
If you do get served with a restraining order in New Jersey, the more proactive you are in responding to it, the better your chances of avoiding a serious impact on your nursing license and your career. Below are some key strategies to minimize or nullify the effect a restraining order could have on your license.
Contest the TRO
Your first line of defense with any restraining order is to contest the temporary order (TRO) before it becomes final (FRO). If you can get the TRO dismissed before it is finalized, it is far less likely to appear in any public records where it could trigger an investigation into your license. You can request an emergency hearing to challenge a TRO as soon as it is issued, but since most TROs last no longer than ten days, this strategy is not usually practical. A better use of your time is to consult with a defense attorney to challenge the restraining order at the official hearing. If you and your lawyer can persuade the court that the restraining order is not necessary or was incorrectly imposed (or that no incident of domestic violence occurred), the judge will either dismiss the TRO or allow it to expire without making it permanent.
Appeal the FRO
If the restraining order against you is finalized, you have a 45-day window in which to file an appeal. This may be a good strategy if the restraining order was made in error or you have a legitimate reason to have the FRO reversed. For example, if there is no incident of domestic violence recorded and no evidence of such, the court technically had no authority to issue a restraining order against you.
For an appeal to have any chance of success, your attorney must present the argument that a significant error was made in the issuing of the FRO. Among the most common grounds for appealing a FRO:
- The judge misapplied or misinterpreted the law in issuing the FRO
- The judge misapplied the rules of evidence in issuing the FRO
- The judge misinterpreted the facts in issuing the FRO
- The judge presented incomplete findings in reaching a decision
Having a FRO overturned won't necessarily get it removed from public court records or the Domestic Violence Central Registry, but if the FRO becomes a cause of concern with the Board of Nursing, it's much easier to defend a FRO that has been overturned than one that remains in effect.
Have the FRO Vacated
In New Jersey, Final Restraining Orders do not expire. They stay in effect permanently until one of the parties successfully petitions the court to modify or vacate (lift) it. The FRO is most likely to be lifted at the request of the plaintiff, the one who initially filed for the order--either because that person had a change of heart or the situation changed where they no longer feel threatened by you. However, you can also file a request through your attorney to have the FRO reviewed and lifted--although you'll need to provide a compelling reason for it. The judge will weigh a variety of factors in considering whether to vacate the FRO, including:
- The plaintiff's opinion
- Whether the plaintiff still feels you are a threat
- Whether you have addressed the root causes that precipitated the restraining order (e.g., gone to counseling, sought treatment)
- Whether you have abided by the terms of the FRO (i.e., have not been convicted for violating it)
- Your history (e.g., whether you have had other violent altercations and/or arrests)
Whether you or the plaintiff petitions the court, having the FRO vacated can reduce the danger of having it come back to haunt your nursing license.
Address the Concerns of the Board of Nursing Directly
If all else fails and your restraining order ends up on the Board of Nursing's radar, you should try to address the concerns head-on. A common approach is to draft a letter of explanation to the board providing context as to how the restraining order went into effect, affirming your efforts to abide by it, demonstrating why the FRO is without merit, and affirming that the FRO is not a reflection on your ability to provide competent care for your patients.
On the advice of a good professional license attorney, you may opt to provide this explanation proactively to the board—or you may opt to say nothing unless the Board of Nursing raises a question about it or informs you that you are under investigation. Discuss with your attorney whether it's best to reach out proactively or to see if it becomes an issue.
If the restraining order does trigger a board investigation into your license, your best defense is to hire a professional license defense attorney to help you address the complaint. A good lawyer can aid you in the investigation and discipline procedure, collect witness testimony on your behalf, work with the board on your behalf to negotiate for leniency, and provide evidence and reasons why the restraining order will not affect your ability to do your job as a nurse. If the restraining order was improperly granted or ultimately dismissed, the attorney may also present this information as evidence in your favor. In many cases, having legal assistance can avert the Board of Nursing from taking punitive measures against you.
One important note: If the Board of Nursing takes issue with you over a restraining order, the worst thing you can do is fail to respond at all. If you attempt to stonewall any kind of inquiry or simply refuse to respond, the board is far more likely to take the restraining order seriously and impose disciplinary action on you—up to and including revoking your license to practice as a nurse.
While a restraining order might have a negative impact on your nursing license in New Jersey, it is not the end of the world for your profession. Taking proactive measures early with the aid of a competent New Jersey defense attorney may help you avoid penalties from the Board of Nursing and keep your license intact. New Jersey criminal defense attorney Joseph D. Lento not only has helped countless defendants deal with restraining orders but also has extensive experience representing licensed nurses in front of the State Board of Nursing. Call the Lento Law Firm at 888-535-3686 or email us to see how we can help.
