As a licensed physical therapist in New Jersey, keeping your professional license in good standing is crucial to your success. Any suggestion of wrongdoing or misconduct that gets back to the State Board of Physical Therapist Examiners could trigger an investigation that puts that license in jeopardy. The last thing you need is to have a restraining order against you, casting doubt on your professionalism and your ability to live up to the public trust.
And yet, that's exactly what could happen if you are served with a restraining order.
In New Jersey, a restraining order can have a wide-ranging and disruptive effect on both your personal and professional life. You could be prohibited from calling or seeing your spouse or domestic partner, and you could lose visitation rights or custody rights, as well. If you live together with the person accusing you, you'll be required to leave your home while probably still required to keep up with the rent or mortgage. You may have to change up your routines to avoid being in the same places with your accuser. And unless you are proactive in taking steps to prevent it, a restraining order could ultimately result in losing your physical therapist's license.
The New Jersey State Board of Physical Therapist Examiners demands that its authorized practitioners maintain high ethical and professional standards. If your partner or spouse takes out a restraining order against you, it may send a message to the board that you are untrustworthy and possibly even violent—even if no criminal charges are filed. This could result in disciplinary action against your license.
The good news is that you are not helpless here. While the restraining order could wreak havoc on your career, you have options for protecting your license--if you act wisely and quickly with the help of a seasoned New Jersey criminal defense attorney. The Lento Law Firm has compiled the following need-to-know information so if your physical therapist's license comes into question over a restraining order, you'll know what you're up against and how to respond to safeguard your career.
Overview of Restraining Orders in New Jersey
A restraining order is a civil court order which provides legal protection for the person requesting it (the plaintiff) from someone considered to be a threat (the defendant). Restraining orders in New Jersey are designed to provide protection in intimate or household relationships against domestic violence and/or sexual assault. While the restraining order is in effect, the defendant is prohibited from having contact with the plaintiff in accordance with the terms of the order.
New Jersey restraining orders can be very specific in their restrictions, and judges have broad powers to tailor them to the individual's needs for protection. Depending on the terms of the restraining order, you may be prohibited from contacting the plaintiff or coming within a certain physical distance of them. The restraining order may grant the plaintiff temporary custody of any children you have together. You may be specifically banned from showing up at the plaintiff's workplace or school. You may be mandated to pay child support or medical bills. If you live with the plaintiff, you'll likely have to move out immediately--but you may be specifically required to pay the rent or mortgage anyway. While the restraining order is in place, you'll be required to surrender any firearms you own, and you won't be able to obtain firearms until the order is lifted.
Restraining orders apply mainly to intimate or family relationships; other types of protective orders may be issued for other situations. A person may request a restraining order against any of the following:
- A spouse, ex-spouse, or domestic partner
- Someone they are currently dating or have previously dated
- Cohabitants in the same household (roommates, relatives, etc.)
- Someone with whom they have a child in common (or are expecting a child)
How the Restraining Order Process Works
In most cases where protection is deemed necessary, the person seeking protection will begin by requesting a Temporary Restraining Order (TRO). The judge will issue this order ex parte (i.e., only on the testimony of the accused) if the case meets the criteria for a restraining order. The TRO becomes effective immediately and can be kept in effect for a maximum period of ten days, pending a formal hearing. Once you are served with the TRO, you must comply with all restrictions until the hearing or face possible arrest and criminal contempt charges.
Within ten days of the TRO being issued, the court will schedule a hearing where both sides can present their case. An attorney may represent you at this hearing, and you may present witnesses and evidence to support your side of the story. The court may decide to dismiss the TRO if the judge feels it is unjustified or unneeded. At this point, any restrictions will be removed. If the judge believes that the restraining orders are appropriate, he/she can issue a Final Restraining Order (FRO), which remains in effect indefinitely and can only be lifted by a judge on the request of one of the parties.
The final hearing is your opportunity to contest the restraining order and try to keep it from being finalized. Failure to attend the hearing will most likely result in the judge signing off on the FRO and ruling against you.
What Happens if You Violate a Restraining Order
New Jersey takes restraining order violations very seriously. You must read and understand your restraining orders to the letter. If you fail to abide by the restrictions (whether on purpose or by accident), it could result in you being arrested and charged with criminal contempt. Violation of a restraining order is a fourth-degree offense in New Jersey (a felony-level crime). If convicted, you could be sentenced to 18 months imprisonment and a fine of up to $10,000. Any future criminal background checks will show this conviction as a felony-level crime.
How Can a Restraining Order Endanger Your Physical Therapist's License?
Contrary to what you might believe, you don't have to be convicted of any crime for a state licensing board to take disciplinary action against you. A restraining order is a civil matter, not a criminal one—but it strongly suggests that you may have acted in a criminal manner (i.e., domestic violence) and that someone feels the need to invoke the protection of the courts against you. The New Jersey State Board of Physical Therapist Examiners sets high professional and ethical standards for licensed physical therapists, so if they become aware of a restraining order against you, it could easily trigger an investigation leading to possible disciplinary action—up to and including having your license suspended or revoked.
How a Restraining Order Could Cause an Investigation
It is unlikely that a restraining order would automatically trigger an investigation into your license, but because it is a matter of public record, there are several avenues by which the licensing board could be alerted to it. For example:
- If the board conducts a records check (either routinely or in response to a license application), the restraining order could show up.
- If you violate your restraining order and are convicted of criminal contempt, the resulting criminal record could be reported to the board.
- The board could receive a formal complaint about you from any patient, colleague, or someone else who is aware of the restraining order against you (even the plaintiff himself/herself).
Additionally, New Jersey law requires that physical therapists report certain criminal proceedings against them to the Board of Physical Therapist Examiners, including crimes of "moral turpitude." If the actions that prompted the restraining order result in domestic violence charges or criminal contempt charges being filed against you--and you fail to report this to the board—it could also result in disciplinary action.
How Could the Board Respond to a Restraining Order?
The New Jersey State Board of Physical Therapist Examiners has wide latitude when it comes to determining the appropriate disciplinary action in response to violations of professional standards. They may take no action, they may issue an advisory letter or reprimand, they can put you on probation, they can suspend your license, or they can revoke your license and take away your ability to practice physical therapy altogether.
If the board believes that a restraining order is a cause for concern over your fitness to practice, it may request an informal meeting with you, at which time you would have an opportunity to present evidence showing that you are not a danger to the public. If the board is not satisfied with your explanation, or if you do not attend the meeting, it could initiate formal proceedings against you.
It is important to remember that a restraining order is just one factor that the board may consider when investigating allegations of misconduct. However, a restraining order constitutes a potential breach of public trust, especially because it is related to the threat of violence. Since the board has a responsibility to protect the public from bad actors, and since physical therapists are entrusted with physical contact with their patients, a restraining order can create serious doubts about your competency.
What Happens When the Board Initiates Disciplinary Proceedings
The licensing board's goal in any disciplinary proceeding is to ascertain whether you are upholding professional/ethical standards and the public trust. The process for pursuing a complaint is typically as follows:
- Investigation. The board will investigate the restraining order to assess if there are grounds for concern or evidence of wrongdoing.
- Consent order. If the investigation uncovers evidence of wrongdoing, the board may offer to negotiate a consent decree with you as an alternative to undergoing a formal hearing. In the consent decree, you will agree to corrective actions and admit to wrongdoing. This may be an option that allows you to keep your license or reinstate it, even though it is not always the best choice.
- Formal hearing. If no consent decree is signed or offered, you will be called before the State Board of Physical Therapist Examiners and/or an Administrative Law Judge to answer the complaint against you in a formal hearing.
- Final determination and board actions. The board will decide whether sanctions are to be imposed against your license, up to and including having your license completely revoked.
Could the Board Take Lesser Actions Against Me That Allow Me to Keep My License?
Yes. Depending on your situation and evidence, the board may choose to invoke other sanctions that don't involve losing your license. Examples include:
- Suspension of your license—for a period or pending review
- Monetary fines
- Probation—the board may monitor and supervise your practice for a specific period of time.
- Restrictions on your license—the board may prohibit you from performing certain duties
- Mandatory treatment, counseling, or continuing education (for example, if drug or alcohol abuse was a factor in triggering the restraining order)
- Formal censure or reprimand
Keep in mind that the board's actions may appear on your public record and have a negative impact on your reputation as a physical therapist, even if you're allowed to continue practicing. A good attorney can take steps to minimize the damage that a disciplinary action could cause. Whatever the outcome, it's crucial that you cooperate with the board in any investigation into your physical therapist's license. Resisting or ignoring the investigation increases the chance that your license will ultimately be revoked.
Can the Restraining Order Still Affect My Career Even if I'm Allowed To Continue to Practice Physical Therapy?
Yes, it could. The restraining order will be publicly recorded in the Domestic Violence Central Registry, which can be accessed by anyone. Also, any board action against you will also be made available on your professional record. These can potentially affect your credibility with patients, colleagues, and potential employers.
Will My Restraining Order Show Up in Criminal Background Checks?
No, it won't—unless you violate the order. A restraining order is not a criminal matter but a civil one, so it won't show up on your criminal record. However, if you violate the restraining order and are convicted for criminal contempt, this conviction will be recorded on criminal background checks and could increase the risk to your professional license.
My TRO Was Allowed to Expire Without Being Finalized. Will It Still Appear as a Public Record?
Probably not. A TRO that is canceled or allowed to expire should not be found in any public records search, and therefore it shouldn't cause problems with the licensing board. This is why you should make every effort to contest the TRO to prevent it from being finalized.
How Long Can My FRO Stay Visible on My Record?
In New Jersey, FROs are permanent and do not expire. They can only be lifted by a judge at the request of either party—but even after it is lifted, the record of the FRO will likely remain public.
My Restraining Order Has Been Lifted. Is the State Board of Physical Therapist Examiners Still Allowed to Discipline Me?
Yes, they are. The board has the right to investigate any licensee if they suspect misconduct or unprofessional conduct, regardless of whether or not a restraining order is in effect. However, if a restraining order does trigger an investigation, it's easier to make a case for leniency if the restraining order is no longer in effect.
Protecting Your Physical Therapist's License in the Event of a Restraining Order
Although you can't control whether someone files a restraining order against you or not, being proactive about it may help you avoid significant career damage. If you are served with a restraining order, here are some steps you can take (preferably with the help of a good attorney) to safeguard your physical therapist's license.
Contest the Temporary Restraining Order
Your first line of defense in averting repercussions to your physical therapist's license is to contest the TRO at the hearing and try to keep it from being finalized. If you are successful, the restraining order won't appear on your record and most likely will not alert the licensing board. While you have the legal right to request an emergency hearing to review a TRO, it's not usually practical to do so because a TRO only stays in effect for ten days or less. Most attorneys will advise you to spend that time preparing for the FRO hearing, where you'll have an opportunity to present your side and try to get the restraining order dismissed.
Appeal the Restraining Order
If the judge issues a FRO after the hearing, you still have the opportunity to appeal the ruling. You have 45 days to file this appeal. If your attorney can make a convincing argument that the FRO was incorrectly granted or that compelling reasons exist to reverse it, you might be less likely to face board investigation. Successfully overturning the FRO won't necessarily remove it from public records, or avoid a licensing board investigation, but your lawyer can make a compelling argument in your favor if you have already proven the FRO was unfounded.
Have the Restraining Order Vacated
New Jersey's Final Restraining Orders are permanent. They will stay in effect until either party files a motion to cancel or modify them and the judge approves the motion. In many cases, the FRO may be vacated if the plaintiff no longer considers you a threat and wishes to reconcile. The judge may also be willing to reconsider the restraining order if you have demonstrated cooperation and good faith in keeping the order, if you've gone through any recommended treatment, or if any related domestic violence charges were dropped or dismissed.
Although the order will not be removed from public records, the licensing board can have more confidence in you being able to fulfill your responsibilities if the restraining order is no longer in effect.
How to Respond to the Board of Physical Therapist Examiners
If the restraining order ultimately raises concerns with the licensing board, they may still initiate an investigation into your license. If they do, your best chance of avoiding damage to your career is to respond to their concerns directly, preferably with the assistance of a professional license defense attorney. An experienced lawyer will be able to guide you through the investigation and disciplinary process, represent you in all board interactions, gather witness statements, negotiate for leniency, and present evidence and arguments supporting the decision not to revoke your license. Having a good attorney in your corner will greatly increase the chances of a more favorable outcome, whether it's having the complaint dismissed or agreeing to a lesser penalty that enables you to keep your physical therapist's license.
As a licensed physical therapist, your livelihood hinges on the viability of your license. While you can't control whether someone tries to take out a restraining order against you, you can take steps to keep it from damaging your career. Attorney Joseph D. Lento has years of experience in successfully contesting and appealing restraining orders. You've worked too hard to build your career to have it jeopardized by an unfair restraining order. If you've been served with a restraining order, call the Lento Law Firm today at 888-535-3686 or email us to see how we can help.
