If you live in New Jersey and are looking to find out more information about civil restraint orders, it's extremely important that you know about the different types of protection orders that are made available to alleged victims by New Jersey's courts. There are several different types of orders, and they are similar in some ways and very different in others.
A restraining order is a protective order sought by someone who believes that they are in imminent danger of being hurt by someone or who has already allegedly been abused by someone. Victims of assault or abuse seek out these orders in order to obtain protection from the people they allege are hurting them. Restraining orders are the most common type of order sought out by the alleged victims of abuse, but there are other types of orders that provide a more diplomatic approach.
What Is a Civil Restraints Order?
A civil restraints order is just one type of restraining order. When a civil restraints order is in play, the presiding judge will not take control of or supervise the negotiations relating to that order. Instead, the two parties involved in the matter are able to agree to the terms and outline an agreement that works for both of them. Once they come up with this proposal, they need to present it to the court so that the court can accept it and it can be entered into the record. In civil restraints order hearings, the judge's main purpose is to make sure that the document that the two parties agree to is appropriate and that the final agreement is complete.
In regular restraining order cases, the role of the judge is to determine what happened between the two parties and to decide whether the petitioner will be granted protection through the courts. The petitioner must show and present evidence that the defendant committed the acts that they allege and that continued protection is absolutely necessary. The petitioner will present their case by giving testimony about what the defendant allegedly did, using witnesses if they have them. This will allow the judge to take all of the information into account and determine whether the restraining order should be authorized. When a case is resolved through a civil restraints order, the role of the court is completely different.
Restraining orders and civil restraints orders are similar in that they both offer protection against unwanted assault and contact. They differ in how they are enforced. If someone violates a restraining order, they can get into very serious trouble. Simply violating the restraining order itself is a criminal act. If someone violates a civil restraints order, this is instead viewed as a breach of contract. In this case, civil measures are usually enforced and meted out by the court.
Provisions of a Gloucester County Civil Restraints Order
Whether a petitioner receives a restraining order or a civil restraints order in Gloucester County, they both offer the petitioner significant protection from the court. Some of that protection includes the following:
- Orders that allow limited contact through text messaging or via email
- Orders that protect against harassment
- Orders that allow limited contact in cases that involve child custody
- No contact orders
- Orders against abusive conduct
- Orders against any assaultive conduct
When the two parties agree to move forward with a civil restraints order case, they will get together and figure out what measures are necessary in order for the order to go through. Each side should be represented by their own legal counsel. If you're going through the civil restraints order process, you do not want to handle the negotiations alone if you are the respondent. If you try and contact the petitioner yourself and there is an existing protective order in place, you could be found in violation of that order and face criminal charges. Reach out for legal help.
When Can a Civil Restraints Order Be Entered?
Civil restraints orders are generally entered during domestic court proceedings or divorce proceedings where a protective order is being or has been sought. If the two parties involved in the negotiation are interested in entering a civil restraints order while going through a restraining order proceeding, they can only do so after the court has issued a temporary restraining order.
In a temporary restraining order petition, the alleged victim must file a detailed petition with the court and meet with the judge at a hearing. That judge will then determine if there is a need for the court to issue immediate protection. If the judge agrees that immediate protection is needed, they will then issue a temporary restraining order. After they issue that order, a final restraining order hearing will be set up. The final restraining order hearing usually takes place within ten days of the temporary order. This hearing will determine if the temporary order should continue permanently.
If both parties in the case would instead prefer to do a civil restraints order, that order must be filed in the period between when the temporary restraining order was issued but before the final restraining order is issued. Once the final restraining order has been issued by the court, it is no longer possible for the parties involved to get a civil restraints order.
Advantages of a Civil Restraints Order Over a Restraining Order
When it comes to choosing a civil restraints order versus a restraining order, there are several key reasons that the civil restraints order may be beneficial to both parties.
For the petitioner, the advantages of having a civil restraints order include the following:
- They will be guaranteed a protective order. Protective orders are not guaranteed in restraining order filings
- They will be able to avoid the stress of having to go to a final restraining order hearing
- They will be able to choose which terms work the best for them and their situation
There are also several reasons that the defendant in the case may find civil restraints orders more appealing than a restraining order:
- They will be able to negotiate the terms of the order
- They will be able to avoid having to deal with the stress of going through the final restraining order hearing
- They will be able to avoid law enforcement if there are alleged violations
- They will be able to avoid all of the professional and employment issues that could arise if they have a restraining order on their record
If you are interested in stopping restraining order proceedings, a civil restraints order negotiation is one of the best ways to make that happen. In order for it to be approved by the court, the petitioner and the dependent must agree on all the terms. If the court believes that the agreement isn't reasonable or complete, it will not be accepted.
Where Can I File a Civil Restraints Order in Gloucester County?
If there's already been a restraining order filed, the civil restraints order needs to be filed in the same court. If the temporary restraint order is filed with the Gloucester County Superior Court, then the civil restraints order also needs to be filed with the Gloucester County Superior Court. Once the civil restraints order is officially filed, any previously scheduled final restraining order hearing will be canceled.
The Gloucester County Superior Court is located at:
70 Hunter Street
Woodbury, NJ 08096
The court is open Monday to Friday from 8:30 a.m. to 4:30 p.m.
Before you go ahead and file for the civil restraints order yourself, you need to get legal help. Not only will an experienced attorney be able to make sure that the papers are filed correctly and lawfully, but they can help guide and protect you every step of the way so that you don't violate any existing orders.
Can a Civil Restraints Order Be Canceled?
Yes. Civil restraints orders between a petitioner and a defendant can be canceled. This sometimes happens when both parties decide that their needs have changed. If this is the case, they can seek the cancellation of the existing orders by placing a request with the court.
Civil restraints orders may only be canceled with the judge's approval. They can't be canceled simply because the parties agree to cancel. If the judge refuses to cancel the order, it will remain in effect.
Contact the Lento Law Firm Today
If you have questions about civil restraint orders in New Jersey, it is extremely important that you speak with an experienced attorney. You need to know what the Gloucester County Superior Court is looking for when determining whether or not to grant a civil restraints order. The attorneys at the Lento Law Firm have the experience that you need to work through this process so that a beneficial outcome is achieved for all. Contact us toll-free at 888-535-3686, or contact us online so that you can find out more about how we can help you.
