Receiving a restraining order can change your entire life. It can restrict where you can go, who you can speak with, and even where you can live. In New Jersey, including Hackensack, it doesn't take criminal charges to result in a restraining order. If you're faced with a restraining order in Hackensack or elsewhere in the state, call the Lento Law Firm Criminal Defense Team today at 888-535-3686 or contact us online to learn how we can help.
How Restraining Orders Work in Hackensack, NJ
In New Jersey, a restraining order can happen as the result of a domestic violence or sexual assault complaint. Restraining orders in Hackensack are filed through the local police station or the Family Part of the Chancery Division of the Superior Court at the Bergen County Justice Center.
The Bergen County Justice Center is also where adjudication takes place for those served with a restraining order in Hackensack or elsewhere in the county. It is located at 10 Main Street in Hackensack, NJ 07601.
Types of Restraining Orders
In New Jersey, there are three types of restraining orders: Temporary Restraining Orders (TRO), Sexual Assault Restraining Orders (SARO), and Final Restraining Orders (FRO). Regardless of the specific type, any restraining order will place limits on the defendant's ability to interact with the plaintiff. This can include prohibiting contact, altering child custody rights, and even providing financial restitution. If the defendant lives with the plaintiff, a restraining order will likely force them to find alternative housing.
While restraining orders themselves are considered civil matters and are not part of a criminal record, violating a restraining order is a criminal offense in Hackensack, which could potentially result in fines and jail time.
Temporary Restraining Orders
When a domestic violence or sexual assault complaint is filed, a TRO can also be immediately issued. Should this happen to you, you will likely find out about the restraining order at the same time you find out that the complaint was filed. A TRO remains in effect until the hearing for the FRO, typically within 10 days.
Sexual Assault Restraining Orders
In New Jersey, a victim of sexual assault can seek a temporary restraining order through the New Jersey Sexual Assault Survivor Protection Act (SASPA). SARO can place additional restrictions on the defendant on top of those associated with domestic violence restraining orders.
Final Restraining Orders
A court will usually have the FRO hearing within 10 days of the initial TRO or SARO. The hearing gives both parties involved a chance to present their side of the story, including evidence and witnesses. Should the court decide to make the restraining order final, it can remain in place indefinitely. Recipients of an FRO will have their fingerprints and photograph entered into the Domestic Violence Central Registry, which is publicly available and searchable. They will also be served with a fine, and no longer legally able to own a firearm. An FRO will only change if one of the parties petitions the court for it to be modified or lifted.
Hackensack Restraining Order Representation
If you have been served with a temporary restraining order in Hackensack, New Jersey, it's important to find legal counsel right away. You will typically have only 10 days until the hearing for a final restraining order, which could permanently alter your life. The Lento Law Firm Criminal Defense Team is ready to help protect your rights—call us today at 888-535-3686 or contact us online for your confidential consultation.
