Restraining orders are court orders intended to protect survivors of harassment, abuse, and threats of violence. How does a restraining order work? They prohibit the abuser from contacting the victim in various ways, such as in person, by phone, and online, and come with penalties if the defendant fails to comply.
Types of Restraining Orders in New Jersey
According to the New Jersey courts, there are two types of restraining orders available in the state: temporary and final restraining orders.
A temporary restraining order (TRO) is an immediate, short-term order in place until the court hears the case. In cases of domestic violence that occurred, to file for a TRO, you must go to your local Superior Court’s Family Division Office or your local police department. They can submit a TRO ex parte, which means the defender does not need to be present.
A final restraining order (FRO) is a permanent order that’s in place until the victim requests and a judge approves its dissolution. The courts only issue an FRO after a court hearing, during which the plaintiff and defendant can present their case. After the hearing, the judge will decide whether to grant the FRO and its specific terms.
Can You Get a Restraining Order for No Reason?
No, you cannot get a restraining order against someone for no reason. There must be a reason for the restraining order, such as an act of domestic violence, a history of domestic violence, or stalking.
State law outlines specific acts that count as domestic violence, including:
- Assault
- Kidnapping
- Criminal restraint
- Sexual assault
- Criminal trespass
- Harassment
- Stalking
- False imprisonment
Regardless of whether you are in a domestic relationship with the defendant, you may be able to seek a restraining order for any of the reasons a victim of domestic violence would be able to. For example, you may be able to get a restraining order against a former coworker or customer who is engaging in stalking and harassment.
What Are the Requirements for a Restraining Order?
How does a restraining order work in New Jersey? There are two main requirements for getting a restraining order in New Jersey. First, there must have been some kind of violence or criminal act committed against you by someone you know (most often someone you had a romantic relationship with).
Second, you must be 18 or older or an emancipated minor. A non-emancipated minor cannot get a restraining order. However, other avenues are available to assist minors in getting out of dangerous domestic situations, such as by contacting New Jersey’s Department of Children of Families.
The Restraining Order Process
To get a restraining order, you must go through the following process:
- First, apply for the restraining order at the courthouse or police station by filling out paperwork and speaking to a judge.
- If the judge accepts your request for a temporary restraining order, you, the police, and the defendant will receive copies of the TRO.
- The court will schedule your final restraining order hearing within 10 days, and you will receive a notice if the hearing date changes.
- You must appear at the FRO hearing to present your case against the defendant, who will also attend the hearing.
- If the defendant does not appear for the FRO hearing, the judge may still hear your case if you can prove the defendant received notice of the hearing. If they do not receive any notice, the court will reschedule.
- The judge will listen to both sides and decide whether to issue an FRO.
What Does a Restraining Order Include?
The specific details of your restraining order may vary depending on your case, but they usually include:
- Who the defendant cannot be in contact with
- Where the defendant cannot go
- What money the defendant owes, if any
- Other actions the defendant cannot take
Restraining Order Enforcement and Penalties
Per the New Jersey courts, if the defendant doesn’t comply with restraints against contact, you can report it to the police, and they will file a criminal charge. If they don’t comply with an order of payment, you can file for payment relief with the court that issued it.
Can I File a Restraining Order Online?
No, you cannot file a restraining order online in New Jersey. Instead, you must go to the Family Division Office of your county’s Superior Court or, if it is an emergency, your local police station.
Contact a New Jersey Domestic Violence Attorney
How does a restraining order work? Do you need a restraining order against someone who has harmed or threatened to harm you? Contact the Law Office of Andrew A. Bestafka, Esq. at (732) 898-2378 for a confidential and initial consultation to discuss your case. One of our experienced Freehold domestic abuse attorneys will review your case details, explain your legal options, and answer any questions you have. Our team of lawyers and firm can get you a restraining order in NJ for your domestic abuse and restraining order case.
Related Posts:
3 Important Warning Signs of Domestic Violence
Getting an Out of State Restraining Order Enforced in New Jersey