If you are concerned about your safety or the safety of a loved one, you may be wondering if there is a way to find out if someone has a restraining order against them. Generally speaking, there is no database of restraining orders in New Jersey. However, there are some ways people can find out if someone has a restraining order against them.
Restraining orders, also known as protective orders, are legal mechanisms designed to protect individuals from harassment, threats, or violence. In this article, we will discuss restraining orders in New Jersey, who they protect, and whether a database lookup can reveal if someone has a restraining order.
If you need legal assistance related to restraining orders or any other criminal defense matter, contact the Lento Law Firm Criminal Defense Team at 888.535.3686 or through our online form for guidance and advice.
What are Restraining Orders in New Jersey?
In New Jersey, restraining orders are court-issued documents that prohibit an individual from contacting, harassing, or coming within a specified distance of the person who requested the order. There are two types of restraining orders in New Jersey: temporary restraining orders (TROs) and final restraining orders (FROs).
Temporary Restraining Orders (TROs):
A TRO is an emergency order that can be granted by a judge without a formal hearing. To obtain a TRO, the person seeking protection must demonstrate that they are in immediate danger of domestic violence. TROs are typically granted ex parte, meaning the alleged abuser is not present at the hearing. A TRO remains in effect until a hearing for a final restraining order is held, which usually occurs within 10 days.
Final Restraining Orders (FROs):
A FRO is a long-term protective order that can only be issued after a formal hearing in which both parties have the opportunity to present evidence and testimony. For an FRO to be granted, the judge must find that an act of domestic violence occurred and that the victim needs protection from future abuse. FROs do not have an expiration date and remain in effect until the court modifies or dissolves the order.
Who Do Restraining Orders Protect?
In New Jersey, restraining orders are primarily used to protect victims of domestic violence. Domestic violence is defined as certain criminal offenses committed against a person protected under the Prevention of Domestic Violence Act. These criminal offenses include one or more of the following:
- Homicide
- Assault
- Terroristic threats
- Kidnapping
- Criminal restraint
- False imprisonment
- Sexual assault
- Criminal sexual contact
- Lewdness
- Criminal mischief
- Burglary
- Criminal trespass
- Harassment
- Stalking
- Criminal coercion
- Robbery
- Contempt of a domestic violence order
- Cyber-harassment
- Any other crime involving risk of death or serious bodily injury
Protected individuals under the Prevention of Domestic Violence Act include:
- Spouses or former spouses
- Household members or former household members
- Dating partners or former dating partners
- Individuals who share a child in common
- Individuals who are expecting a child together
Domestic violence can take many forms, including physical abuse, sexual abuse, emotional abuse, economic abuse, and psychological abuse. It is important to note that domestic violence is not limited to physical violence; it can encompass a wide range of controlling, coercive, and threatening behaviors.
Will a Database Lookup Show if Someone Has a Restraining Order?
In New Jersey, there is no single, publicly accessible database that allows individuals to search for restraining orders. So, a standard background check, such as one for a job, usually does not uncover the existence of a temporary restraining order or a final restraining order. However, when a judge issues a FRO, the subject's photograph, fingerprints, and relevant information are recorded in the Domestic Violence Central Registry. Law enforcement agencies and courts primarily use this database to protect victims of domestic violence and facilitate the issuance of restraining orders.
The Domestic Violence Central Registry is accessible to the public. If an employer conducts a more comprehensive background check that includes a search of this registry, they will discover the existence of a restraining order. Moreover, if you hold a security clearance or are a member of the military, your employer will become aware of any restraining orders against you. It's crucial to understand that even if a TRO has expired and the court did not proceed with a final order, the TRO will still be visible in the domestic violence registry.
How to Determine if Someone Has a Restraining Order
While the general public cannot directly access these databases, there are some ways to determine if someone has a restraining order:
- Contact the local police department: You can contact your local police department's non-emergency number and inquire about the existence of a restraining order against a specific individual. The police may be able to provide you with limited information, such as whether an order exists and the date it was issued.
- Search court records: New Jersey Superior Court records are public documents. You can visit the Superior Court in the county where the restraining order may have been issued and request to view the court records. However, this process can be time-consuming and may require assistance from court staff.
- Consult with an attorney: An experienced criminal defense attorney or family law attorney can assist you in determining whether someone has a restraining order. They may be able to access additional resources or databases to help you obtain this information.
If you are the subject of a restraining order, you will be served with a copy of the order, which will outline the specific restrictions and consequences for violating the order.
What if Someone Finds Out There's a Restraining Order Against Me?
If someone, like your employer or landlord, finds out that someone has a restraining order against you, it can have significant consequences on your personal and professional life. It's important to understand the potential ramifications and how to handle such situations.
- Employment consequences: Depending on your profession and the nature of the restraining order, your employer may take disciplinary action against you, up to and including termination. Some employers have policies that require employees to disclose any criminal charges or restraining orders. If your job involves working with vulnerable populations, such as children or the elderly, a restraining order may disqualify you from employment.
- Professional licenses: If you hold a professional license, such as a medical, legal, or teaching license, a restraining order may trigger disciplinary action by your licensing board. You may be required to disclose the restraining order and face penalties, including license suspension or revocation.
- Housing: If you live in a rental property, your landlord may choose to evict you if they become aware of the restraining order, particularly if the order is related to domestic violence and the victim is a co-tenant.
- Reputation: A restraining order can harm your reputation, both personally and professionally. People may make assumptions about your character or behavior based on the existence of the order, even without knowing the full context of the situation.
- Background checks: Restraining orders may appear on background checks conducted by employers, landlords, or other entities. This can make it more difficult to secure employment, housing, or other opportunities.
Can I Stop My Ex From Telling Others They Have a Restraining Order Against Me?
If your ex has a valid restraining order against you, they have the legal right to inform others about the existence of the order. However, there are some considerations and potential steps you can take to address concerns about your ex sharing this information:
- Understand the terms of the restraining order: Carefully review the restraining order to ensure that you understand its terms and conditions. The order itself does not typically prohibit the protected person from discussing its existence with others.
- Avoid contact with your ex: It is crucial to comply with the terms of the restraining order and avoid any contact or communication with your ex. Attempting to confront them about sharing information related to the order could be seen as a violation and result in criminal charges.
- Seek legal advice: Consult with an experienced criminal defense attorney or family law attorney to discuss your concerns and explore potential legal options. An attorney can help you understand your rights and advise you on the best course of action based on your specific circumstances.
- Consider the context: If your ex is sharing information about the restraining order with relevant parties, such as their employer, school officials, or childcare providers, they may have a legitimate reason for doing so. These parties may need to be aware of the order to ensure the safety of the protected person and comply with any necessary accommodations.
- Document any harassment or defamation: If your ex is spreading false or misleading information about you or the circumstances surrounding the restraining order, it may constitute harassment or defamation. Keep records of any such incidents, including dates, times, and the nature of the statements made. Your attorney can advise you on whether legal action, such as a civil lawsuit for defamation, may be appropriate.
- Focus on your own conduct: While you may not be able to control your ex's actions, you can control your own behavior. Concentrate on complying with the restraining order, maintaining a respectful distance, and avoiding any actions that could be perceived as harassing or retaliatory.
- Address the underlying issues: If the restraining order was issued due to underlying problems in your relationship, such as domestic violence or anger management issues, consider seeking counseling or therapy to address these concerns. Demonstrating a commitment to positive change can help mitigate the impact of the restraining order on your personal and professional life.
Remember, the most important thing is to prioritize compliance with the restraining order and avoid any actions that could be seen as a violation. If you have concerns about your ex's behavior or need guidance on handling the situation, it is essential to seek the advice of an experienced attorney. The knowledgeable lawyers at Lento Law Firm can provide you with the legal support and advocacy you need to protect your rights and navigate this challenging situation.
What Should I Do if Someone Discovers There's a Restraining Order Against Me?
If you find yourself in a situation where people or your employer have learned about a restraining order against you, it's crucial to be honest and proactive in addressing the matter. Consider the following steps:
- Consult with an attorney: An experienced criminal defense attorney can help you understand your rights and obligations under the restraining order, as well as advise you on how to handle communication with your employer or others who may be aware of the order.
- Be honest with your employer: If your employer asks about the restraining order, be truthful but concise in your explanation. Emphasize your commitment to complying with the order and maintaining a safe and professional work environment.
- Seek support: Dealing with the consequences of a restraining order can be emotionally challenging. Consider seeking support from a therapist, counselor, or support group to help you cope with the stress and develop healthy coping strategies.
- Comply with the order: It is essential to strictly adhere to the terms of the restraining order. Violating the order can result in criminal charges and further damage to your reputation and employment prospects.
Remember, if you are facing a restraining order or any other criminal defense matter, it is crucial to seek the advice and representation of an experienced attorney. The knowledgeable lawyers at Lento Law Firm can provide you with the guidance and advocacy you need to protect your rights and mitigate the consequences of a restraining order on your personal and professional life.
Contact the Lento Law Firm's Criminal Defense Team Today
Restraining orders are an essential tool for protecting victims of domestic violence in New Jersey. While there is no single publicly accessible database that allows individuals to search for restraining orders, there are ways to determine if someone has a restraining order, such as contacting law enforcement, searching court records, or consulting with an attorney. If you are in need of legal assistance related to restraining orders or any other criminal defense matter, the knowledgeable attorneys at Lento Law Firm are ready to provide you with the guidance and representation you need. Contact the Lento Law Firm Criminal Defense Team at 888.535.3686 or through our online form to schedule a consultation and learn how we can help protect your rights.
