As a licensed pharmacist in New Jersey, your professional license is the key to your livelihood. You put in a lot of time and work to build a career and earn the public's trust, and anything that calls that trust into question could have devastating consequences for your career--including being served with a restraining order.
In the State of New Jersey, restraining orders can be far-reaching and highly disruptive. You may be banned from seeing or calling your spouse or domestic partner, and you could lose visitation or custody rights to your children. A restraining order can stop you from going to your favorite hangouts or alter your work schedule to avoid running into your accuser. You could be forced from your home but still required to pay the rent or mortgage. And yes, in some cases, a restraining order can have repercussions even as far as putting your pharmacist's license in jeopardy.
The New Jersey State Board of Pharmacy holds its licensees to high standards of ethical and professional excellence. If your spouse or partner files a restraining order against you, it could trigger an investigation by the board, possibly resulting in disciplinary action on the grounds of unprofessional conduct. In some cases, this could cause you to lose your license even if the incident prompting the restraining order never resulted in criminal charges!
The good news is that there are ways to minimize the damage and reduce the risk to your pharmacist's license--but you have to act quickly and proactively, preferably with the help of an experienced New Jersey criminal defense attorney like Joseph D. Lento. Let's talk more in detail about the potential consequences of a restraining order on your pharmacist's license and the steps you can take to safeguard your career.
How Restraining Orders Work in New Jersey
A restraining order is a court order that invokes the protection of the courts in a domestic relationship, barring the defendant from contact with the plaintiff while the order remains in effect. In New Jersey, restraining orders are primarily used in cases where domestic violence and/or sexual assault has allegedly occurred. The three most common types of restraining orders in New Jersey are:
- Temporary Restraining Order (TRO): immediately bars you from contacting the plaintiff while you wait for a hearing
- Final Restraining Order (FRO): a permanent order that may only be lifted by a judge
- Sexual Assault Restraining Order: A restraining order that protects non-familial victims from sexual assault or harassment
New Jersey restraining orders can be written to have detailed restrictions. If you're served with one, your contact with the plaintiff will be restricted or completely banned while the order remains in effect. The order may also grant temporary custody of your children to the plaintiff, forbid you from showing at the plaintiff's or your children's work or school, force you to leave your home, require you to pay rent and/or child support, and more. Additionally, New Jersey law forbids you to possess or own firearms while a restraining order is in effect.
Who Can File a Restraining Order
New Jersey TROs and FROs are tailored to provide protection against domestic violence in intimate and familial relationships. A person over 18 (or an emancipated minor) may request a restraining order against:
- A spouse, ex-spouse, or domestic partner
- Someone they are dating or have formerly dated
- Someone with whom they have a child in common (or are about to have one)
- Others living in the same residence (e.g., roommates or live-in relatives)
Restraining orders afford protection within these intimate or household relationships in alleged cases of either domestic or sexual abuse. A Sexual Assault Restraining Order, on the other hand, affords protection for victims when the alleged perpetrator is not a partner or family member.
How the Restraining Order Process Works in New Jersey
The vast majority of restraining order cases begin when the accuser petitions the court for a Temporary Restraining Order (TRO). If the case meets the criteria for a TRO, the judge will issue it ex parte, meaning solely on the accuser's testimony. The TRO is effective immediately and remains in place for a maximum of ten days, pending a formal hearing. Once served with the TRO, you must adhere to all restrictions in the TRO until the hearing, or you could be arrested and charged with criminal contempt.
At the hearing, both sides are invited to present their cases. You may appear with an attorney and contest the accuser's claims against you, presenting evidence and witnesses to support your side of the story. If the judge is convinced that the TRO is unfounded or unnecessary, he/she will dismiss it or allow it to expire, at which point all restrictions are lifted. If the judge believes the restraining order is warranted, he/she will then issue a Final Restraining Order (FRO). This order may have the same restrictions as the TRO or may be modified based on the information presented in the hearing. But once issued, the FRO remains in effect indefinitely until a judge lifts it at the request of one of the parties.
You are highly urged to attend this hearing as it is your only opportunity to keep the restraining order from being finalized. If you fail to appear, you can expect the judge to rule against you by default and to sign off on the FRO.
What Happens if You Violate a Restraining Order
New Jersey takes restraining orders very seriously and violating one can have serious repercussions for your life. It's critical that you read, understand, and abide by the terms of your restraining order to the letter--because if you violate it in any way, whether purposefully or accidentally, you could be arrested and charged with criminal contempt. In New Jersey, violating a restraining order is a fourth-degree indictable offense (i.e., a felony). You may be fined up to $10,000 and sentenced to 18 months in prison if convicted--this, in addition to any domestic violence convictions you might also face. A conviction will also show up on any future criminal background checks as a felony-level offense.
A Restraining Order Can Endanger Your New Jersey Pharmacist's License
You can have a restraining order against you without having been charged or convicted of any crime--but that doesn't mean the restraining order couldn't potentially damage your career as a licensed pharmacist. The New Jersey State Board of Pharmacy has set a high bar of professional and ethical standards for pharmacists, and if someone believes you are a threat to the point of taking out a restraining order against you, the board could see this as indicative of unprofessional or immoral behavior as well as a violation of public trust. If the board becomes aware of the restraining order, this could trigger an investigation resulting in possible disciplinary action--up to and including revoking your pharmacist's license.
How a Restraining Order Can Trigger an Investigation
Although it's unlikely that a restraining will automatically trigger an investigation into your license, it is still a matter of public record that could easily make it onto the radar of the State Board of Pharmacy in several ways, including, but not limited to, the following examples:
- The State Board of Pharmacy runs a records check and sees the restraining order
- A colleague, customer, or other individual who is aware of the restraining order could report it to the board
- You've broken your restraining order, and you've been found guilty of criminal contempt. The board is informed of your conviction.
New Jersey law requires pharmacists to report criminal proceedings against them under certain circumstances, including "proceedings for crimes of moral turpitude or drug-related offenses." The board may be notified by you pursuant to this reporting requirement if your restraining order falls into either category.
The State Board of Pharmacy has broad investigative powers when it comes to licensee information. If a restraining order sparks concern with the board, it can pull public and criminal records, obtain your school transcripts, speak to former employers, subpoena documents, interview the people you've worked with, summon witnesses to testify against you, and request character references from other pharmacists, just to name a few examples. If the board determines that you are no longer fit for practice because of immoral or unprofessional conduct or gross immorality, your license can be suspended or revoked.
What Happens When the Board Initiates Disciplinary Proceedings
With any disciplinary proceeding, the goal of the Board of Pharmacy is to determine whether you are living up to professional/ethical standards as well as the public trust. Having a restraining order against you cast doubt on your ability to serve the public safely. If the board decides to pursue a complaint, the process typically goes as follows.
- Investigation. The board will seek to know more about the restraining order in context to determine whether there is cause for concern or other evidence of wrongdoing.
- Consent decree. The board might offer to negotiate a consent order with you to avoid a formal hearing if the investigation uncovers evidence that you are guilty of wrongdoing. A consent decree is an agreement between you and the State of New Jersey in which where you agree to corrective action and admit to wrongdoing. Although it is not always the best option, this may allow you to keep or eventually reinstate your license.
- Formal hearing. If no consent decree is offered or agreed to, you will appear before the State Board of Pharmacy and/or an Administrative Law Judge to present your defense and answer the complaint regarding the restraining order.
- Final determination and board action. The board will decide whether to impose sanctions against your license, up to and including rescinding your license to practice.
Possible Disciplinary Actions by the Board
If the Board of Pharmacy takes action because of a restraining order, losing your license is the worst-case scenario--but it's not a guarantee. Depending on the circumstances and the evidence provided by you and your attorney, the board may take other disciplinary measures that will allow you to keep your license. These include:
- Suspension of your license—for a time or pending review
- Fines and penalties—the board may issue a monetary penalty
- Probation—the board can watch and supervise your conduct and practice for a specified period of time
- Mandatory treatment, counseling, or continuing education
- Restricted activities—the board might place some limits on the scope of your license
- Formal reprimand or censure
Bear in mind that any action taken by the board could become public knowledge as part of your professional record, so even lesser penalties could harm your reputation as a pharmacist. The best possible outcome of a disciplinary investigation would be to have the complaint dismissed entirely—and in many cases, this can happen with the help of a good attorney. Regardless of the outcome, your cooperation with the board is crucial to your career. If your restraining order triggers an investigation by the Board of Pharmacy and you stonewall them or refuse to cooperate, your chances of losing your license go up considerably.
Could the Restraining Order Still Hurt My Career Even if I'm Allowed to Keep My Pharmacist's License?
Yes, it could. The restraining order will be publicly accessible through the Domestic Violence Central Registry, and any board action taken against you will also appear on your professional record. These could potentially interfere with your credibility with colleagues, patients, and potential employers.
Will My Restraining Order Show Up on My Criminal Record?
No—not unless you violate the order itself. A restraining order is a civil action, not a criminal charge. However, if you violate the restraining order and are convicted of criminal contempt, that conviction will appear on criminal background checks. It may also further damage your standing with the licensing board.
My TRO Was Not Finalized. Will It Show Up in Public Records?
Most likely not. If a TRO is dismissed or allowed to expire, it should not appear in any public records check--and by extension, it shouldn't create problems with the licensing board. (This is all the more reason for you to contest the TRO and try to keep it from being finalized.)
How Long Does My FRO Remain Visible on My Record?
Indefinitely. FROs in New Jersey are not subject to a time limit. They remain in effect until a judge lifts them at the request of either party. Even after a FRO has been vacated, it will likely remain visible in court records.
My Restraining Orders Have Been Lifted. Is the State Board of Pharmacy Still Able To Take Disciplinary Action Against Me?
In theory, yes. The Board of Pharmacy can investigate any license holder if they suspect misconduct or unprofessional conduct. Even if your FRO is no longer in effect, the board may opt to investigate. That being said, a restraining order that is no longer in force is easier to defend and explain than one that is still in place.
How To Protect Your Pharmacist's License in the Event of a Restraining Order
You may not have a lot of control over whether someone takes out a restraining order against you--but by being proactive, you can minimize the risk of damage to your professional career, especially with the help of a qualified New Jersey criminal defense attorney. Here are some of the most effective techniques for keeping your pharmacist license intact in the event of a restraining order.
Contest the Temporary Restraining Order
Contesting the TRO at the hearing is your first and best option for avoiding repercussions to your pharmacist's license. If you can avert the implementation of the FRO, it won't appear on your public record and will likely stay off the radar of the board.
Although you can request an emergency hearing to challenge a TRO, most TROs only last for ten days--so it's typically more practical to wait until the FRO hearing to contest the matter and present your side. If your arguments are successful, the judge will dismiss the TRO and allow it to expire without making it permanent.
Appeal the Final Restraining Order
After the finalization of the restraining order, you have 45 days to appeal the decision. If your attorney is able to make a strong argument that the FRO was issued incorrectly or that there are compelling reasons to overturn it, doing so could minimize your chances of triggering a board investigation. To file a successful appeal, your attorney needs to demonstrate that the judge made mistakes in law or, in fact, when rendering the decision.
Although appealing the FRO will not necessarily remove it from public court records, it is easier to negotiate with the licensing board for leniency over a restraining order that was overturned.
Request to Have the FRO Lifted
Final restraining orders in New Jersey do not expire. They remain in effect until either party files a motion to the court to modify it or cancel it. The judge may vacate the restraining order based on any/all of the following factors:
- You have not violated the FRO while it was in effect
- You have undergone counseling or treatment
- The plaintiff desires a reconciliation and no longer views you as a threat
- Any accompanying domestic violence charges have been dismissed, or you have been acquitted
- You can provide evidence that the plaintiff's claims precipitating the restraining order were unfounded or false
While vacating the restraining order won't remove it from public record, it can give the board more confidence in your ability to carry out your responsibilities if any concerns have been raised.
Respond Directly to the Board of Pharmacy
Barring all other options, if the Board of Pharmacy raises any concerns about the existence of your restraining order, it may still initiate an investigation. If so, your best course of action is to address the matter with the board directly, preferably with the help of a seasoned license defense attorney. The more evidence you can present that the restraining order is unnecessary, irrelevant, no longer in effect, and/or does not impact your ability to maintain the public trust, the more likely the board is to dismiss the complaint or to agree to a more lenient penalty.
Taking a proactive approach when served with a restraining order affords you the best chance of minimizing risk to your pharmacist's license. If the board decides to open an investigation, your odds of a favorable outcome go up considerably when you hire experienced legal representation. A good lawyer can guide you through the investigation and disciplinary processes, gather witness statements, negotiate for leniency, and present evidence and arguments to support the decision not to revoke your license.
One word of caution. If the Board of Pharmacy inquires about a restraining order against you, you should not avoid the question. Your cooperation with the board could be crucial to your future.
The disruption caused by a restraining order in New Jersey can extend to all aspects of your life—but you don't have to let it ruin your career. By acting quickly and proactively with the help of a skilled defense attorney, you can minimize or even eliminate the risk to your pharmacist's license. Attorney Joseph D. Lento has extensive experience in contesting and appealing restraining orders, and his additional experience in professional license defense also makes him an excellent choice for anyone whose restraining order has raised concerns with their licensing board. Don't let your career become a victim. Call the Lento Law Firm at 888-535-3686 or email us to see how we can help.
