There are two main types of restraining orders you can obtain in New Jersey:
A Temporary Restraining Order (TRO) is an emergency measure you can file to obtain immediate protection from your abuser. This order can be issued without the abuser being present in court. The goal is to provide urgent protection while you await a full court hearing for a Final Restraining Order (FRO).
A TRO can include:
You can file for a TRO in several ways:
The TRO will remain in effect until the next court hearing, typically within 10 days. At this hearing, the judge will determine whether to issue a Final Restraining Order (FRO).
A Final Restraining Order (FRO) is a permanent order issued by the court after a hearing. The hearing for an FRO will typically be scheduled within 10 days after you’ve obtained a TRO. During this hearing, both you and the abuser will have the opportunity to present evidence and testify. However, even if the abuser does not appear, the judge can still issue an FRO based on the evidence presented.
A Final Restraining Order can:
The FRO is in effect indefinitely, unless modified or vacated by the court. It can be enforced by law enforcement, and any violation of the FRO can lead to criminal penalties, including arrest.
If the abuser does not attend the hearing, the judge may still issue the FRO based on the evidence you present.
Enforcement of the Restraining Order
Once the FRO is issued, it is enforceable immediately. The abuser is legally prohibited from having any contact with you, and law enforcement can arrest them if they violate the order. If the abuser has firearms, they are required to surrender them, and this action is also enforceable under the FRO.
If the abuser violates the Temporary Restraining Order (TRO) or Final Restraining Order (FRO), it is considered a criminal offense. Violating a restraining order is a serious crime in New Jersey and can result in:
If you are harassed or threatened by the abuser in violation of the restraining order, contact law enforcement immediately. You do not have to tolerate any further abuse.
Yes, a restraining order can be modified or dismissed under certain circumstances. If the abuser petitions the court to modify or vacate the order, you will have the opportunity to present your case before the judge. If you wish to have the order dismissed or changed, you can also petition the court.
However, it’s important to understand that modifying or dismissing a restraining order is not always in the victim’s best interest, especially if the abuse is ongoing or there are continued threats.
Navigating the legal process of obtaining a restraining order can be complex, but critical to the safety of yourself or your loved ones. Contact Stark & Stark’s family law department to learn more about what your case requires to be successful today.
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