Being served with a restraining order can be one of the most upsetting and stressful experiences of your life. The order may prohibit you from contacting your spouse, ex-spouse, and other family members and may prohibit you from living in your home or from going to certain locations. In Cumberland County, as well as in the rest of New Jersey, a judge can issue a restraining order whether or not criminal charges have been filed against the person named in the order.
If you've been served with a restraining order in Cumberland County or anywhere else in New Jersey, contact the Lento Law Firm's Criminal Defense Team for help. We're here to answer your questions and to help you learn about what steps you can and should take going forward. Call us at 888.535.3686 or use our contact form to schedule a consultation to learn more about what to do next.
How Restraining Orders Work in New Jersey
Courts in New Jersey can issue restraining orders based on a complaint filed by someone who alleges that they are in danger of domestic violence. Complaints requesting restraining orders can be filed at local police stations or at the Family Division of the Superior Court located at the Cumberland County Courthouse in Bridgeton. If you have been served with a restraining order in Cumberland County, this is where any hearings and other proceedings with respect to the order that you were served with will be held. Its address is 60 West Broad Street, Bridgeton, NJ 08302.
You have a right to be represented by an attorney in all matters related to the restraining order that you were served with. Having an experienced attorney by your side – someone who has helped others who have been on the receiving end of restraining orders – can make a big difference in your defense. You'll be more likely to come out of the proceedings with fewer restrictions on your freedom and less uncertainty about what is happening with your case.
Types of Restraining Orders
Courts can issue several types of restraining orders in New Jersey. No matter what type you've been served with, the restraining order will impose court-ordered restrictions on you that you need to make sure you understand and follow until the court changes them. Restrictions can include prohibiting you from having contact with the plaintiff, preventing you from going to certain places where the plaintiff can regularly be found and changing your right to have custody of or visit with your child or children. You may also be required to give up any firearms you have to the police.
As difficult as it might be to follow the requirements of the restraining order you've received, the consequences for violating it can be severe. You could be charged with a crime and potentially fined and jailed.
The three types of restraining orders in New Jersey are Temporary Restraining Orders (TRO), Sexual Assault Restraining Orders (SARO), and Final Restraining Orders (FRO).
Temporary Restraining Orders
Temporary Restraining Orders are just that: temporary. They can be issued by a court almost immediately after the plaintiff files a complaint alleging domestic violence or sexual assault. The first you learn that the plaintiff has filed a complaint against you might be when you are served with the TRO. Because TROs are, by definition, temporary, there will be a hearing where you will be able to present your defense, which usually happens within 10 days of when the TRO was issued.
Sexual Assault Restraining Orders
A sexual assault victim can ask the court to issue a civil protective order by way of New Jersey's Sexual Assault Survivor Protection Act (SASPA). Here, too, a TRO may be issued first, followed by a hearing that usually takes place within 10 days, where the court can hear your defense and decide on what if any, longer-term restraining order should be issued.
Final Restraining Order
Once a hearing has been held after a TRO has been issued, the court will either vacate the TRO if it determines that no restraining order should be in place or, in most cases, issue a Final Restraining Order that may be different than the TRO, depending on the evidence produced at the hearing and discussions between attorneys for the plaintiff and the defendant. When the FRO is in place, it will essentially be permanent, though either side can ask the court to modify it or lift it if circumstances warrant.
If a FRO is issued against you, your fingerprints and photograph will be collected and entered into a police database. You may also be required to pay a fine, and if the TRO did not require you to turn over firearms to the police, the FRO may order you to do so at this point.
What Actions Can a Restraining Order Regulate?
Restraining Orders can do more than simply prohibit you from coming into contact with and harassing the plaintiff. They can:
- Require you to remain a certain distance from the plaintiff and their home
- Give the plaintiff temporary custody of your child or children
- Require you to provide financial support to the plaintiff to help with the mortgage or rent and other financial obligations
- Require you to receive counseling or therapy
- As noted, prohibit you from owning or possessing firearms
A SARO can also direct you not to contact or assault the plaintiff and can similarly order you not to stalk or harass the plaintiff in person and online. You can also be prohibited from entering places where the plaintiff can regularly be found, such as their home, their work, and their school or their children's school.
What Happens if You Violate a Restraining Order?
A restraining order is a court order. Violation of any court order can be prosecuted as criminal contempt. Jail time and a fine can result. Courts take restraining orders very seriously, and even minor violations can result in harsh consequences. If you feel as though you need the terms of a restraining order changed, you can do it by asking the court to modify it.
Do You Have a Criminal Record Because of a Restraining Order?
Restraining orders are civil proceedings, not criminal. Unless you violate the order and are prosecuted and convicted for doing so, it will not appear on your record and won't show up in criminal background checks. Your information, including your photo and fingerprints, will be maintained by the State of New Jersey in its Domestic Violence Central Registry – even though having a restraining order issued against you does not mean you are guilty of a crime.
The Lento Law Firm Can Represent You in Cumberland County if You Have Been Served With a Restraining Order
You are entitled to an attorney if you've been served with a restraining order in Cumberland County. It's important that you get one quickly if you receive a TRO, as the hearing on the restraining order will typically take place within 10 days. The Lento Law Firm's Criminal Defense Team understands how the restraining order process works in New Jersey. More importantly, we also understand what it takes to defend against them and how to help modify restraining orders that are overbroad and unfair.
Call the Lento Law Firm's Criminal Defense Team today at 888.535.3686, or contact us online to learn more about how we can help.
