WHAT IS A RESTRAINING ORDER EXACTLY? WHAT DOES IT DO?

A restraining order is a court order that protects someone from being harmed or threatened by another person. It can prohibit the abuser from contacting the victim in various ways, such as in person, by phone, or online. A restraining order can also require the abuser to stay a certain distance away from the victim, attend counseling, or give up any weapons they own.

In New Jersey, only people with specific relationships can get restraining orders. You can get a restraining order against a person who has committed domestic violence against you if that person is a:

• Spouse or former spouse
• Current or former household member
• Someone you’ve dated or are dating
• Someone you have a child with or are expecting a child with
• Current or former same-sex partner.

WHAT COUNTS AS DOMESTIC VIOLENCE FOR THE PURPOSES OF REQUESTING A RESTRAINING ORDER?

Now, what many people don’t know is that domestic violence encapsulates more than just physical abuse. It includes:

• Harassment (or Cyber Harassment)
• Stalking
• Assault
• Terroristic threats
• Kidnapping
• Criminal restraint
• False imprisonment
• Sexual assault
• Criminal sexual contact
• Burglary
• Criminal Trespass
• Criminal coercion
• Robbery
• Attempted homicide
• Or any other crime involving risk of death or serious bodily injury.

ARE THERE DIFFERENT KINDS OF RESTRAINING ORDERS?

In New Jersey, there are two types of restraining orders:

• Temporary Restraining Order (TRO) – When you file a complaint for a restraining order, you can ask for a temporary ex parte restraining order (TRO) to be issued immediately.
  • A judge can grant you a TRO if s/he finds that it is necessary to protect your life, health, or well-being.
  • The order will last until the hearing for a final restraining order, which is generally scheduled within 10 days.
  • An “ex parte” TRO means that the judge will make this decision based only on the information you provide, without the abuser being in court and without prior notice to him/her.

• Final Restraining Order (FRO) – After a hearing in which you both have an opportunity to tell your side of the story through testimony, evidence, and witnesses, a judge can grant you a final restraining order.
  • A final restraining order has no end date and can last forever – or until one of one of the parties files a legal motion in court asking the judge to end or modify (change) the order and the judge agrees.

WHERE DO I GO TO FILE A RESTRAINING ORDER?

You can file for a restraining order at your local police department or the Superior Court in the county where you live, where your abuser lives, or the county where the abuse took place.

If the courthouse is closed and you need immediate protection, you can file at your local municipal courthouse as well.

WHAT INFORMATION DO I NEED TO PROVIDE TO GET A RESTRAINING ORDER?

When you go to fill out your application, make sure to have your license or ID with you. You will need to provide as much contact information and details about your abuser as possible (home address, work address, vehicle make/model/description, gun ownership, etc). This allows police to be better prepared and allows for your abuser to be properly served with the paperwork afterwards.

When you fill out the application you’ll need to share:

• Your relationship to your abuser (to make sure that it falls in one of the categories above),
• A detailed description of the abuse (be sure to include not only the event that triggered you filing the report, but the history of abuse you’ve suffered. The more history the better).
  • Try to be as specific as possible (dates, times, witnesses, injuries, etc).
  • If you have any photos, hospital records, or other physical evidence, try to have that with you and include it.
• What you fear will happen in the future if you don’t get the restraining order.
  • Include any threats your abuser has made to you.
  • Essentially, you need to show the court that the restraining order is necessary to prevent you from being harmed further.

I FILED THE PAPERWORK. WHAT NOW?

After you sign all the forms, the presiding judge will review your application and if your situation meets the criteria for domestic violence, and you’ve shown that your alleged abuser is an ongoing threat to you, the judge will issue a temporary restraining order for immediate protect.

A formal hearing will be scheduled within about two weeks, where you and your abuser can show up with attorneys, witnesses, documentation/evidence, etc.

At the formal hearing, you and your abuser will tell your story and the judge will then decide if there is sufficient evidence to finalize the restraining order.

If a final restraining order is granted, it is indefinite, meaning there is no end date and the FRO will remain in place until either you or your abuser bring the matter back to the court for modification.

If a final restraining order is denied, it could be for a multitude of reasons. Perhaps the judge did not feel that the Defendant committed an act of domestic violence based on the evidence, or the Plaintiff failed to prove a pattern of abuse showing that the abuse was likely to continue in the future, etc.

In that instance, you do still have a few options.

• You can ask for a Motion for Reconsideration, which puts forth that we believe the court’s decision was based on an error and that error is the only reason the FRO was denied.
  • You cannot present the facts or details again.
  • You  can only try to prove that a key fact in your argument was misunderstood and that misunderstanding is the only reason your restraining order was denied.
• You can file an appeal with the Appellate Division.
  • You and the Defendant each have 45 days from the day your TRO is dismissed and you can argue there are:
    • Mistakes made related to the evidence
    • Mistake of fact (key fact was misunderstood)
    • Mistake of law (judge applied the law incorrectly to your situation)
    • Errors made during the trial (ie: Court allowed or disallowed certain evidence)
    • Etc…

DO I NEED A LAWYER TO GET A RESTRAINING ORDER?

Our lawyers are trained and qualified to help, both plaintiffs and defendants, prove key elements of your case and we can use objections and arguments to skillfully weaken your opponents claims. 

We have helped numerous clients who filed for restraining orders independently and were later denied final restraining orders. Similarly, we have had numerous clients who were able to obtain final restraining orders on their own, prior to working with us.

The bottom line is – no two cases or circumstances are exactly alike. And when it comes to your protection and well-being, you cannot put a price on safety.