A restraining order can disrupt your entire life, prohibiting you from coming into contact with certain individuals and even forcing you to find a new place to live. In New Jersey, including Bergen County, a restraining order may be issued regardless of whether there are criminal charges filed. If you've been hit with a restraining order in Bergen County or elsewhere in the state, the Lento Law Firm Criminal Defense Team can help. Call us today at 888-535-3686 or contact us online to learn about your options.
How Restraining Orders Work in NJ
In New Jersey, restraining orders can come as the result of domestic violence or sexual assault complaints. Restraining orders are filed through the local police station or the Family Division of the Superior Court at the Bergen County Justice Center.
The Justice Center is also where you will have to attend adjudication if you are served with a restraining order in Bergen County. It is located at 10 Main Street in Hackensack, NJ 07601.
You don't have to attend adjudication alone—your attorney can accompany you and ensure that all procedures are followed properly. This is one of the many reasons it is important that you seek legal counsel as soon as you are aware that a restraining order has been put into place against you. The sooner you act, the more time you and your attorney will have to prepare your defense and avoid having permanent restrictions placed on your freedom.
Types of Restraining Orders
There are three types of restraining orders in New Jersey: Temporary Restraining Orders (TRO), Sexual Assault Restraining Orders (SARO), and Final Restraining Orders (FRO). Any type of restraining order will limit the ability of the defendant to interact with the plaintiff and can include prohibiting contact, altering child custody rights, and even providing financial restitution.
Violating a restraining order is a serious criminal offense in New Jersey and could potentially result in fines and jail time.
Temporary Restraining Orders
A TRO can be issued immediately when a domestic violence or sexual assault complaint is filed. This means that, if you have such a complaint made against you, you may find out there is a TRO placed against you at the same time you learn that a complaint was filed. The TRO will remain in effect until the hearing for the FRO, which is normally within 10 days.
Sexual Assault Restraining Orders
A victim of sexual assault can seek a civil protective order through the New Jersey Sexual Assault Survivor Protection Act (SASPA). The judge can issue a TRO under SASPA to protect a plaintiff who was subjected to non-consensual sexual contact, sexual penetration, lewdness, or any other attempted sexual assault.
Final Restraining Orders
Once a TRO has been put into place, the court will typically schedule a hearing for an FRO within 10 days. This hearing will allow both parties involved in the restraining order to present their side of the case with evidence and witnesses. In New Jersey, an FRO can remain in place indefinitely. This means it is effectively permanent. It will not change unless one party petitions the court to have it modified or lifted. When an FRO is issued, the defendant's fingerprints and photograph will be entered into the police database. An FRO will also come with a fine and will make it illegal for the defendant to own a firearm.
What Actions Does a Restraining Order Prohibit?
In New Jersey, a restraining order can prohibit the defendant from coming within a certain distance of the plaintiff, as well as preventing contact or further harassment. In addition, a restraining order can include provisions for:
- Requiring the defendant remain outside a certain radius of the plaintiff
- Assigning temporary custody of children
- Providing financial support or payment of mortgages, rent, or other financial obligations
- Prohibiting the defendant from contacting the plaintiff, their family, or their place of work
- Prohibiting the defendant from owning or possessing firearms
- Requiring counseling or therapy
- Protecting the plaintiff from future violence
- And more
Restraining orders put in place as the result of sexual assault can have additional provisions for:
- Preventing future acts of sexual violence
- Preventing stalking or harassment both in person and online
- Preventing the defendant from entering places where the plaintiff might be, like work, school, or home
What Happens if You Violate a Restraining Order?
Restraining orders are civil actions in New Jersey. However, violating a restraining order is considered criminal contempt of a court order, which is a serious criminal offense. There is no such thing as a minor violation of a restraining order, whether a TRO, SARO, or FRO—even a single text message from the plaintiff to the defendant can trigger the mandatory arrest and criminal prosecution of the defendant if it violates the terms of a restraining order. Repeated violations bring more severe consequences, beginning with 30 days of jail time for the second violation of a restraining order.
Are Restraining Orders Part of A Criminal Record?
A restraining order won't go on your criminal record, as it is considered a civil violation in New Jersey. This means it typically won't show up on criminal background checks such as those made by a potential employer. However, once an FRO has been put into place, the defendant's fingerprints, photograph, and other information will be entered into the Domestic Violence Central Registry. This registry is publicly available and searchable. Remember that, due to the nature of restraining orders, the defendant can be placed in this registry without ever being found guilty of a crime.
Bergen County Restraining Order Representation
If you're faced with a temporary restraining order in Bergen County, New Jersey, you will typically only have 10 days before the hearing for a final restraining order. It's important that you find qualified legal representation to protect your rights as soon as possible before an FRO permanently alters your life. Call the Lento Law Firm's Criminal Defense Team today at 888-535-3686 or contact us online to learn how we can help.
