In New Jersey, being placed under a restraining order can have significant consequences for both your professional and personal life. You might be prohibited from seeing or contacting your spouse or domestic partner—and possibly lose custody or visitation rights. You might have to change your daily habits and routines to avoid running into your significant other. And if you violate the restraining order in any way, whether purposefully or by accident, you could be arrested and charged with a crime.
Even worse, because restraining orders suggest the presence of domestic violence, you could potentially lose your license to practice medicine.
As a physician in New Jersey, being served with a restraining order can jeopardize your livelihood. If your spouse or partner decides to file a restraining order against you, the State Board of Medical Examiners could take action against your medical license under the grounds that any action related to domestic violence is deemed "unprofessional conduct" by the board. Physicians have a responsibility to maintain public trust, and any action deemed unethical, unprofessional, or a "crime of moral turpitude" could be grounds for disciplinary action on your medical license--even if you are not actually convicted of a crime.
Fortunately, there are ways you can minimize the damage and lessen the risk to your medical license If you are served with a restraining order--but it requires acting proactively, preferably with the help of an experienced New Jersey criminal defense attorney. The Lento Law Firm has compiled the following crucial information so you can be better informed about the possible consequences of a restraining order on your license to practice and what you can do to protect your career.
Restraining Orders in New Jersey
A restraining order is a civil court order that restricts contact between the person filing the order (plaintiff) and the person it is filed against (defendant). Restraining orders are used to provide protection for the plaintiff in cases of alleged domestic violence and/or sexual assault. New Jersey uses three types of restraining orders:
- Temporary Restraining Order (TRO)--an immediate ban on contact pending a hearing
- Final Restraining Order (FRO)--a permanent restraining order that can only be lifted by another court order
- Sexual Assault Restraining Order--a specific restraining order designed to protect victims of sexual assault and/or harassment
When you are served with a restraining order in New Jersey, you will not be permitted to contact the plaintiff while the restraining order is in force. Restraining orders in New Jersey are flexible in their terms and can be far-reaching as far as their restrictions. A restraining order can award temporary custody of your children to your spouse or partner, force you to leave your home (but require you to keep paying rent on it), prohibit you from visiting your spouse or children at work or school, require you to pay any medical bills or insurance, etc. You'll also lose your right to possess firearms while the restraining order is in effect.
TROs and FROs are specifically designed to restrict contact within intimate or domestic relationships. A plaintiff can request a restraining order against any of the following:
- Spouses, former spouses, or intimate partners
- People they are dating or have previously dated
- Someone with whom they have a child in common (or are expecting one)
- Other household members (e.g., roommates, live-in relatives)
Sexual assault restraining orders are different from TROs and FROs in that they apply to non-family/domestic relationships. They are designated to protect victims from others not related or in a domestic relationship who have committed or are threatening sexual assault or unwanted sexual contact. If sexual abuse is occurring in a domestic relationship, the plaintiff will request a regular restraining order.
What Happens When a Restraining Order Is Issued
If your spouse or partner wants to invoke the protection of the courts against you, they typically begin by petitioning for a Temporary Restraining Order (TRO). The judge will issue the TRO "ex parte," meaning without you being present to give your side. The TRO will take effect immediately and will remain in place for up to ten days, at which time a formal hearing will be scheduled. When you are served with a TRO, you must follow the restrictions to the letter for those ten days leading up to the hearing, or you may be arrested and charged with criminal contempt.
Your opportunity to contest the restraining order comes at the formal hearing, where you are encouraged to have legal representation. Your attorney will present your defense along with any supporting evidence and witnesses to support your case. The judge will then determine whether to allow the TRO to expire or to issue a Final Restraining Order (FRO). If the TRO is allowed to expire, the restrictions are lifted, and the potential for damage to your career is greatly reduced. If the FRO is issued, it remains in force permanently until either the plaintiff or defendant files a successful motion to have it vacated by a judge.
It is very important that you show up for the hearing as it is your only opportunity to contest the TRO and hopefully keep it from being finalized. If you don't appear, the court is likely to rule against you quickly and summarily, issuing a FRO.
How a Restraining Order Can Endanger Your Physician's License in New Jersey
The New Jersey State Board of Medical Examiners holds its licensed physicians to the highest ethical and professional standards. While a restraining order isn't the same thing as a criminal charge, it does reflect poorly on you professionally since it indicates that someone thinks you are dangerous and presented enough evidence of that fact to convince a judge to sign a restraining order against you. Thus, in addition to all the disruption that the restraining order can cause to your personal life and your family, it can also wreak havoc on your career. The existence of a restraining order on your record could trigger an investigation by the board that could lead to disciplinary action. If you're applying for a new license to practice, the existence of the restraining order could impact the board's decision to approve your license.
How a Restraining Order Might Trigger an Investigation into Your Medical License
While having a restraining order against you probably won't trigger an investigation automatically, it is still a matter of public record, which means the board could be alerted in several ways. Some possible ways your restraining order could put your medical license at risk:
- The State Board of Medical Examiners receives a notification about the restraining order on your record and feels compelled to investigate
- You violated your restraining order and are convicted of criminal contempt, and the conviction is reported to the Board of Nursing
- A colleague, patient, or some other person who knows about the restraining order files a complaint with the board against you
- You were required to disclose the restraining order and any accompanying criminal charges to the board, and you neglected to do so
What Happens When the Board Initiates Disciplinary Action
If the board receives information that you might pose a threat to public safety or your medical practice, it will take steps to assess the validity of the claims before deciding on disciplinary action. The process typically goes as follows:
- Investigating the restraining order. The board will review the restraining order and investigate the context surrounding it to determine whether to take further action.
- Consent decree. If the investigation uncovers evidence of wrongdoing or suggests you are a threat to public safety, the board may offer to let you sign a consent decree to avoid going through a formal hearing. The consent decree is a written agreement between you and the state in which you admit to wrongdoing and submit to the board's recommended disciplinary action. This is not always the best choice, but it may allow you to keep your license or provide you with a path to reinstatement at a later date.
- Formal hearing. If the complaint against you progresses to a hearing stage, you'll appear before the State Board of Medical Examiners or an Administrative Law Judge to respond to the complaint and hopefully provide more context regarding the restraining order.
- Final determination. The board will decide whether or not to invoke disciplinary action against you, up to and including revoking your license to practice.
Possible Alternatives to Having Your Physician's License Revoked
If the board decides to take disciplinary action against your license, losing your license is the worst possible outcome—but it isn't the only available option. The investigative process gives you ample opportunity (along with your attorney) to provide context around the restraining order and to negotiate for leniency. Possible lesser penalties include:
- License suspension—suspending your practice for a period of time or pending review
- Restricted activities—the board may limit you from performing certain practices
- Fines—the board may opt to impose a monetary penalty
- Probation—the board may supervise and monitor your activity and your practice for a time
- Reprimand—the board may simply put a reprimand on your record
Also, depending on the circumstances surrounding your restraining order, it's highly possible to have any complaints dismissed completely without any lasting damage to your license or your ability to practice medicine. A good attorney can greatly increase the possibility of this outcome. The most important thing to remember if the board initiates an investigation is that cooperation is key. Stonewalling or failing to cooperate with the board will increase the chance that your license will be suspended or revoked.
If I'm Allowed to Keep My License, Could the Restraining Order Still Harm My Career?
It's possible. Any formal action taken against your license will appear on your public, professional record, regardless of whether you are allowed to continue practicing. Additionally, the order itself is public information and can be easily accessed via the Domestic Violence Central Registry. A restraining order on your record can impact your professional credibility with clients, patients, colleagues, and potential employers.
Will My Restraining Order Show on My Criminal Record Check?
No. The restraining order is a civil matter that does not appear on your criminal record unless you break the terms of the order. If you do, you may be charged with criminal contempt, which is a felony-level offense in New Jersey—and if you're convicted, that will likely show up on a background check.
Will a TRO Show Up in Public Records?
Typically not. If your TRO is not finalized into a FRO, it shouldn't appear on public records and therefore shouldn't impact your license to practice medicine. This is one of the most important reasons to contest a TRO at the hearing: if you can get it dismissed, it should avert any further problems for you with the licensing board.
How Long Will My FRO Stay Visible on My Record?
Indefinitely. In New Jersey, FROs are not limited in duration. They remain in force permanently until one of the parties requests that the order be lifted. Even if a FRO is removed, it will most likely stay on file with the court permanently.
My Restraining Order Has Been Lifted. Could the State Board of Medical Examiners Still Take Disciplinary Action Against Me?
Theoretically, yes. The Board of Medical Examiners is an autonomous entity, and they can investigate any license holder if they suspect misconduct or unprofessional behavior. They may choose to act outside the scope of the courts, even if you are no longer subject to a restraining order. That said, if you can get your FRO lifted, persuading the board to allow you to keep your license is typically easier than if the FRO remains in force.
How Can I Protect My Medical License if I Am Served With a Restraining Order?
If you are served with a restraining order in New Jersey, the sooner you take pre-emptive action, the better your chances of avoiding harm to your career as a licensed physician. Here are some key methods to avoid or eliminate the impact that a restraining order might have on your physician's license.
Contest the Temporary Restraining Order
Your first and best chance of avoiding any professional repercussions from the restraining order is to contest the TRO at the hearing. If you can keep the restraining order from becoming finalized (FRO), it won't appear in public records and is less likely to trigger an investigation by the board.
You can request an emergency hearing against a TRO the moment it is issued, but because most TROs are only effective for ten days or less, this approach is not usually successful. However, at the hearing, you can appear with an attorney and present your side of the case more thoroughly. If your arguments are successful, the judge will either dismiss the TRO or let it expire without making it permanent.
File an Appeal of the Final Restraining Order
You have a 45-day period after the restraining order is finalized to file an appeal with the courts. This may be a viable option if your attorney can make a compelling argument that the FRO was issued in error or there are compelling reasons for it to be overturned.
Among the most common grounds for appealing a FRO:
- The judge misapplied or misinterpreted the law
- The judge misapplied the rules of evidence
- The judge misinterpreted the facts
- The judge presented incomplete findings in reaching a decision
Appealing a FRO won't necessarily get it removed from public court records, but if you are facing pushback from the State Board of Medical Examiners, it's much easier to negotiate for leniency over a restraining order the courts have ruled to be inappropriate.
Petition to Have the FRO Lifted
In New Jersey, final restraining orders are not time-limited. They continue in force permanently until one of the parties files a motion with the court to modify or vacate it. A judge is more likely to vacate the FRO if one or more of the following is true:
- You are abiding diligently by the terms of the FRO
- You are addressing the root causes the prompted the restraining order (e.g., you are seeking treatment or counseling)
- The accuser has a change of heart, wishes to reconcile, or no longer views you as a threat
- Any charges of domestic violence were dropped/dismissed, or no charges were filed
- You can demonstrate that the plaintiff's claims for filing the restraining order were false or unfounded
Again, having the restraining order lifted won't necessarily erase it from your record, but if the medical board expresses concerns, it's easier to defend a restraining order that is no longer in effect.
Respond Directly to the Issues Raised by the Board of Medical Examiners
If none of the above measures works, or if the medical board initiates an investigation into your license anyway, your next best chance at minimizing the damage is to address the issue of your restraining order head-on with them. If you can create a compelling argument that the restraining order does not compromise your ability to practice medicine ethically, the board may decide against taking disciplinary action or at least allow you to keep your license.
Being proactive regarding your restraining order can go a long way toward averting a crisis with your physician's license. However, if the board initiates an investigation despite your efforts, your best course of action is to seek effective legal representation with a professional license defense attorney. A competent lawyer can assist you in the investigation and punishment procedure, collect witness statements on your behalf, work with the board to negotiate for leniency, and provide evidence and arguments why the restraining order will not have an impact on your ability to practice medicine effectively. You will obviously have better traction with the board if you were able to get the restraining order dismissed or lifted, but even if not, having a good attorney in your corner could make the difference between whether you are allowed to continue practicing medicine and whether you need to pursue a different career.
A word of caution: If the Board of Medical Examiners makes an inquiry regarding a restraining order against you, the one thing you should NOT do is avoid it. Even as you prepare a defense, your cooperation with the board may be key to your future. Any resistance or stonewalling on your part could reinforce the idea that you are not trustworthy and increase the chances of losing your license to practice.
Being served with a restraining order in New Jersey can definitely wreak havoc in your life and your family—but it doesn't have to signify the end of your career. With the help of an accomplished attorney, taking steps early on to contest the restraining order or have it lifted can reduce the risk of triggering an investigation into your professional license, Attorney Joseph D. Lento has helped countless New Jersey defendants who have been served with restraining orders, and his additional unparalleled experience with professional license defense also makes him an excellent choice for medical professionals seeking to minimize the fallout. Call the Lento Law Firm at 888-535-3686 or email us to see how we can help.
