A restraining order is one type of civil court order which requires an individual to modify his or her behavior. Usually, this will involve prohibiting a person (the subject of the restraining order) from interacting with, contacting, or coming within a certain distance of another.
New Jersey retraining orders can seriously impact your life. If you have a final restraining order filed against you, you may be prohibited from seeing your children, you could lose the right to bear arms, and more.
If you have a temporary restraining order out against you, having an experienced attorney fighting alongside you can be a game-changer. If you're facing a restraining order in Flemington or anywhere in Hunterdon County, contact the Lento Law Firm today.
Hunterdon County Restraining Orders
The following types of restraining orders can be put into place in Hunterdon County.
Sexual Assault Restraining Order
Restraining orders may be issued when an allegation of sexual assault has been made. The restraining order will prevent the person accused from contacting the person who made the allegation.
Domestic Violence Restraining Order
A domestic violence restraining order is a civil order that applies to those who are current or former members of a household or family. This includes intimate partners, which are current or former spouses or those who have a child in common.
Temporary vs. Final Restraining Orders
A temporary restraining order is issued by a judge, often in emergencies. They apply during the interim period, which typically is no more than 10 days, where a hearing is conducted to evaluate the allegations. The subject of the allegations will be served notice of a temporary restraining order, which will contain provisions (conditions). A temporary restraining order can be brought against you even if you are not present. One consequence of a temporary restraining order may be forced removal from you home.
Hunterdon County Restraining Order Hearings
The Hunterdon County Family Court Division is located at:
In New Jersey, a municipal court judge may handle and issue a temporary restraining order (TRO). However, the Family Part of the Chancery Division of the Superior Court in Hunterdon County typically handles most applications for TROs and final restraining orders.
Restraining orders may be issued regardless of whether there are criminal charges filed. During a restraining order hearing, the parties may present evidence, and witness testimony may be heard. The petitioner must prove their allegations by a preponderance of the evidence. When proven, the court may issue a final (permanent) restraining order.
The courts may use discretion when creating the conditions within a restraining order. They typically prohibit the defendant from contacting or communicating with the petitioner.
It is important to note that a restraining order hearing simply focuses on the issue of the civil restraining order. If there are criminal charges associated with the order, these will be handled in the criminal court system.
Provisions of a Hunterdon County Restraining Order
A Hunterdon County restraining order can keep you from going near or even contacting a plaintiff and prohibiting you from going near the plaintiff's home, workplace, or school. Each restraining order is different, but the FRO can also include additional details providing:
- Temporary custody and visitation of your children,
- Financial support for children, a spouse, mortgages, rent, or other shared financial obligations,
- Prohibiting you from contacting the plaintiff, their family, or place of work,
- Prohibiting you from owning or possessing firearms or other weapons,
- Requiring that you attend counseling or therapy,
- Protection from future violence, and
- Restitution to the plaintiff.
For SASPA restraining orders, the final order can:
- Prevent sexual violence against the plaintiff,
- Prohibit stalking,
- Prevent the defendant from contacting the plaintiff,
- Prevent online or in-person harassment,
- Prevent the defendant from entering places where the plaintiff might be, like work, school, or home.
How do restraining orders work in a school?
Generally, New Jersey schools must comply with court civil and criminal orders, including final restraining orders. Schools also have a responsibility to keep students safe while in school. If you are the plaintiff to a restraining order, you should provide your school with a copy. If you and the defendant attend the same school, discuss this with your school's administration as soon as possible. If your school has a Title IX coordinator, that may be an excellent place to start. Be sure to explain the nature of the incident leading to the restraining order and request that the school removes the defendant from your classes. In some cases, depending on school policy, the defendant may be barred from campus or have their schedule modified to avoid contact with you.
If you are a defendant to a restraining order and attend the same school as the plaintiff, you should be sure to contact an attorney and discuss it with the school. Whether you are in high school or college, remember that you still have due process rights based on New Jersey state law, federal Title IX law, and school policies and procedures.
A Restraining Order Can Affect Your Job
A New Jersey restraining order is a civil matter and typically won't turn up on a standard criminal background check. However, the New Jersey Domestic Violence Registry contains the information and photographs of all restraining order defendants. You should be aware that this database is public, searchable, and employers can find the information in more extensive background checks.
Moreover, a FRO can pose a challenge to your career if your job requires the use of a firearm or requires a security clearance. Under New Jersey and federal law, anyone with a restraining order against them may not own or possess firearms legally. A FRO can have long-lasting consequences, making it important to seek legal guidance from an experienced New Jersey criminal defense attorney.
Hunterdon County Restraining Order Lawyer
Have you been served with a temporary restraining order in Hunterdon County? Don't waste time; assistance from an experienced lawyer is the key to preserving your rights. Attorney Joseph D. Lento and the Lento Law Firm will effectively represent you in a restraining order hearing and defend against any related criminal charges. Contact the office at (888) 535-3686 for a case evaluation.