New Jersey courts typically issue restraining orders against people who are alleged to have committed domestic violence acts, harassed, or threatened partners or household members. Restraining orders, which the petitioner usually files, are often meant to protect them from perceived or real danger arising from someone else.
However, defendants have to deal with the fallout of these orders. Although a civil matter, a restraining order can be highly detrimental and have adverse effects. The only way to ensure you're protected or counter the order is to have a restraining order defense attorney look over your case and provide adequate defense.
The Criminal Defense Team at the Lento Law Firm, can review your case, prepare a solid defense, fight for your rights, and ensure you get a fair outcome from the hearings.
Call 888-535-3686 or fill out this contact form to schedule a case evaluation.
Types of Restraining Orders in New Jersey
There are two types of restraining orders in New Jersey:
- Temporary restraining orders (TRO)
- Final restraining order (FRO)
A temporary restraining order (TRO) is a civil action that the judge grants if the judge believes continued contact with the defendant can constitute a danger to the petitioner's life, well-being, health, or children. The TRO can be issued as an “ex parte” order, depending on the circumstances. This means that you do not have to be present to defend yourself before it's granted. A TRO typically lasts for 10 days after which there must be an FRO hearing.
The judge typically issues a final restraining order (FRO) after listening to both sides during the hearing and finding the petitioner's “preponderance of evidence” superior or more convincing. According to the Hearing Procedure and Relief section of the New Jersey Statutes, a final restraining order is usually permanent and will remain so indefinitely unless the judge grants your application for the modification or dissolution of the final order.
In Essex County, applications for the modification or vacation of temporary and final restraining orders are to be filed at the Family Division of the Essex County Superior Court located at 50 W. Market Street Newark, NJ 07102.
Consequences of a Restraining Order in New Jersey
A restraining order can have dire consequences for defendants. These include:
- Possible criminal action and penalties in the event of an unintentional violation
- Impeding access to fair employment opportunities
- Reputational damage
- Strained relationships with the children if any
- Possible restrictions on civil liberties such as carrying firearms and seeking political office
- Possible loss of home if the petition was filed by your partner/spouse
- Financial devastation or instability arising from losing your home
- Possible fines and/or mandatory community service
- Reduced child custody and visitation rights
- Inclusion in the Domestic Violence Central Registry (DVR)
As you can see, if a TRO or FRO is issued against you, it can have perilous outcomes. To fight this, you need to talk to an experienced restraining order defense lawyer in Essex County, NJ.
With the right and effective legal representation, you may be able to have the order vacated, modified to more favorable terms, or the case dropped so there's no restraining order issued in the first place. Our Criminal Defense Team at the Lento Law Firm can help you with this.
Penalties for Restraining Order Violations in Essex County
TRO or FRO violations can have very dire consequences. Some common scenarios include:
- Contacting the petitioner through texts, calls, social media, or emails
- Contacting the petitioner through unapproved third parties such as your lawyer
- Being located in the same public space such as visiting a mall at the same time
- Following or stalking the plaintiff
- Driving by their workplace, home, or “stomping grounds”
One of the biggest issues you'll face as someone who's on the receiving end of a TRO or FRO is unintentional violations such as unintentionally being in the same public space with the petitioner at the same time or initiating contact to work out your issues privately.
The problem with examples like this is that they can get you in trouble. Intentional or unintentional violations of restraining orders are often charged as criminal contempt offenses. They can attract penalties such as fines and/or jail time.
So, even if you and the petitioner are inclined to seek an amicable resolution outside the courts, you should do it officially. For example, if there's a temporary restraining order in place, you and the plaintiff can simply decide not to show up or they can withdraw the case. In either case, the judge will dismiss the case. And if there's already a final restraining order, you or the petitioner can file a motion to amend or revoke the restraining order.
The reality is it this can be a tedious process. The best way to get a restraining order lifted in Essex County, NJ is to speak with our Criminal Defense Team at the Lento Law Firm. We will explore all the viable options, provide legal counsel and representation, and fight to protect your rights in the county court.
Do Restraining Orders Show Up in Background Checks?
No, they do not. Restraining orders are civil actions, not criminal. So, you never have to worry about it showing up on a routine background check. However, things can get tricky when there are violations.
If you're arrested for violating the court order, you can be charged with civil contempt, which means the case can quickly become a criminal one. If that happens, you will have a criminal record that's easily accessible to anyone who conducts a background check on you.
Contact an Essex County Restraining Order Defense Lawyer
Restraining order cases are delicate, complex, and stressful. To successfully fight the petition, you need an experienced and dedicated restraining order defense attorney in Essex County.
The Criminal Defense Team at the Lento Law Firm knows how to navigate the issues around these types of cases and get a fair outcome. We're committed to helping you during this particularly difficult and scary period of your life.
Call 888-535-3686 or fill out this contact form to speak to an attorney today.
