The New Jersey courts and law enforcement take domestic violence seriously. The state has a large database of domestic violence offenders, and all it takes to have your name end up on this list is a restraining order against you. The goal of this database is to make enforcing restraining orders easier and to protect victims of domestic abuse. However, it can have disastrous consequences if you're the accused.
Once your name goes in the New Jersey Domestic Violence Central Registry, it doesn't come out unless the restraining order gets lifted. The best thing you can do, then, is to try to keep your name from appearing in the registry in the first place. It's easier to fight a restraining order when it's still temporary, in the several days after it's issued.
The Lento Law Firm understands the devastating consequences a restraining order can have on your life. Our attorneys can help you fight a new restraining order and try to avoid having your name put in the Domestic Violence Central Registry. Call our offices at 888-535-3686 or send us your information via our confidential contact form.
What Is the Domestic Violence Central Registry?
The New Jersey Domestic Violence Central Registry is a database with the names of all persons who have had one of the following:
- Domestic violence restraining orders entered against them
- Charge of a domestic violence crime
- Charge of violating a court order involving domestic violence
The goal of the Central Registry is for law enforcement and court personnel to have the most updated information available when dealing with domestic violence issues. This way, they can enforce any active restraining orders in the state. They can also prevent domestic violence offenders from having a firearms license.
Is the Central Registry Public?
The New Jersey Domestic Violence Central Registry is not open to the public. It doesn't have a publicly searchable database; only certain law enforcement and court personnel can access the Central Registry. Keep in mind that the Domestic Violence Central Registry isn't the same as a registered sex offender list. The federal sex offender list is public, and anyone who is registered is responsible for keeping their information up-to-date. People whose names appear in the Central Registry don't have a duty to keep their information current.
Who Can Access the Domestic Violence Central Registry?
Central Registry records are kept confidential by law. In fact, any unauthorized use of the registry can result in a fourth-degree crime conviction. The New Jersey legislature has ensured that the Central Registry remains confidential, with its information only being released to specific entities, such as:
- Authorized public agencies investigating domestic violence
- Law enforcement agencies investigating domestic violence reports
- Law enforcement conducting background checks for firearm permits
- Law enforcement conducting background checks for police or law enforcement employment
- A court, when deemed necessary for resolving an issue in a case
- A Superior Court clerk preparing documents for adoption proceedings
- The Division of Child Protection and Permanency when investigating child abuse or neglect
- The Division of Child Protection and Permanency when investigating out-of-home child placements
Although New Jersey's Central Registry is meant to remain confidential, breaches can happen. Someone might try to gain access by lying about who they are or their intentions, but more often, breaches occur when someone who has authorized access leaves paper or electronic files accessible to others without realizing it. Once information about your restraining order is leaked, it can have severe consequences for you. Case files for restraining orders can contain exaggerated or false claims that were emotionally motivated or the results of misunderstandings. False allegations made in court typically have legal immunity, but this immunity doesn't extend to those who share false court records outside the legal proceedings.
If you find that false information is being shared outside of court and damaging your reputation, the Lento Law Firm can help you explore your legal options. You may have grounds to expunge, seal, or correct inaccurate details in the Central Registry or court records. Additionally, you may have a defamation or invasion of privacy claim against those spreading the false information. A cease-and-desist letter from your attorney may help stop further defamatory statements and protect your reputation.
Do New Restraining Orders Show Up in the Central Registry?
Typically, restraining orders show up in the Central Registry if they are final or if they are ex parte emergency orders. Unless there is an emergency situation, courts don't issue enforceable orders without a hearing that lets both sides present their arguments.
However, it's possible for the courts to issue an emergency restraining order known as an ex parte order. This order can be issued without the defendant present. A plaintiff can even submit a sworn complaint rather than in-person testimony to get an emergency restraining order. These emergency restraining orders are usually added to the Central Registry.
You could have an emergency restraining order taken against you, with your name appearing in the Domestic Violence Central Registry, without you even knowing about it. Emergency orders are only temporary, however. Shortly after issuing one—within days—the judge must follow up the emergency order with a hearing. If you are the defendant in a New Jersey restraining order, you'll have the chance to defend yourself and present evidence at the hearing before the restraining order becomes final and your name stays in the Central Registry permanently.
Police across New Jersey have immediate access to restraining orders, making it crucial to address any unfair or overly restrictive orders before they can negatively impact your reputation, job, career, or personal relationships. It's far better to challenge an unnecessary or excessive restraining order at the outset while the judge is still deliberating rather than dealing with the consequences once it has been entered into the Central Registry. Don't let a restraining order complicate your life. The Lento Law Firm can provide strong and effective representation, whether you're facing Central Registry issues or seeking to contest a restraining order request.
Does a Restraining Order Go on Your Record in New Jersey?
Restraining orders generally don't show up on standard background checks and don't go on your criminal record in New Jersey. A restraining order by itself isn't a crime; it's a civil order—so there's no reason for it to show up in your criminal record. If you violate the restraining order, however, this violation is considered a crime.
Although a new restraining order won't go on your New Jersey criminal record, it will go in the New Jersey Domestic Violence Central Registry. This registry isn't public, though. It's only accessible to law enforcement, courthouse personnel, and firearms dealers. If the police get called on you for some reason, the officer at the scene will be able to check the registry and see your active restraining order. They can use this information to verify that you haven't violated your restraining order.
Is It Easy to Get a New Restraining Order in New Jersey?
Over the last several years, New Jersey has made it easier for potential victims of domestic violence to get a restraining order against their alleged abusers. While these steps have been beneficial to victims, they've also increased the overall number of restraining orders. In fact, requests are so common that the state has a program to train judicial personnel in domestic violence matters. These Domestic Violence Hearing Officers (DVHOs) can hear requests for ex parte temporary restraining orders and then recommend approval of the request to a Family Court judge.
However, these DVHOs cannot approve final restraining orders. Only a judge can do that. Before the judge can make a restraining order permanent, you must have the opportunity to have a hearing and defend yourself. You can hire a restraining order attorney to represent you at this hearing as well.
The Lento Law Firm's Criminal Defense Team can stand by your side as you attend your restraining order hearing. We're familiar with the procedures of these types of cases, so we can prepare you for a strong defense. You won't have a lot of time between the issuance of the temporary restraining order and the date of the hearing for the final restraining order. It's crucial, therefore, that you contact our team as soon as you get served with the restraining order so we can begin working on your case.
Errors with the Central Registry
It's entirely possible for the central registry to contain errors. A court clerk could make a mistake or have a backlog of orders to file, and may not enter a restraining order right away (or at all). It's also possible for some records to still appear in the registry even after they've been reversed or rescinded.
What do these errors mean for you? You could face enforcement action when you don't actually have a restraining order against you. If you had a temporary order against you, for example, but it was dropped by the judge at the subsequent hearing, it's possible your name still appears in the registry.
Enforcement action in terms of a restraining order usually means that the police get called on you and will attempt to arrest you if it looks like you're violating a restraining order. The police refer to the Domestic Violence Central Registry when they get calls about potential domestic violence, so if your name is in the registry but it's not supposed to be, the police will take enforcement action.
If you're dealing with the enforcement of a restraining order due to a mistake, delay, or misunderstanding, it's crucial to contact the Lento Law Firm's Criminal Defense Team. Legal representation could help resolve your case, even if it's an error or oversight. Administrative systems can make mistakes and often treat individuals as case numbers instead of people. Don't let the system work against you—reach out to the Lento Law Firm for assistance.
How Long Do Restraining Orders Stay in the Central Registry?
Restraining orders stay in the Central Registry for as long as the order is active—at least, that's the idea. As previously mentioned, errors can happen, and an order may still appear in the registry even after the judge has rescinded it.
If there's no change to a restraining order, however, it remains indefinitely in the Central Registry. It's for this reason that you want to do your utmost to prevent a new restraining order from becoming final. Once a temporary restraining order gets finalized, it stays in the Domestic Violence Central Registry for life.
You may have the option of vacating an order, which means getting it dissolved or modified. To do so, however, you have to show good cause. You usually have to get the other party's consent and may have to undergo counseling. You may also have to demonstrate that other important factors weigh in your favor, such as your previous contempt convictions, history of drug or alcohol abuse, and other violent acts.
How a New Jersey Attorney Can Help with Central Registry Issues
When you get served with a restraining order for the first time, it can feel like your whole world slips out from under you. What are you supposed to do now? How will this restraining order affect your job, your kids, or your family? What will the long-term consequences be, and how can you keep your name from appearing in the Domestic Violence Central Registry for life?
The Lento Law Firm's Criminal Defense Team helps defendants with restraining orders and dealing with the legal and administrative process. We can build an argument in your favor and represent you at the final restraining order hearing. We can collect evidence, gather character witness statements, and deal with the courts on your behalf.
If you need assistance with a restraining order and handling the Domestic Violence Central Registry, call 888-535-3686 or fill out our confidential contact form for a consultation.
