In New Jersey, victims of domestic violence, abuse, stalking, and—under the new VASPA law—cyber stalking and bullying, can obtain protective orders to protect them from such abuse. The ability to receive restraining orders has been around since the 1991 Prevention of Domestic Violence Act (N.J. Stat. §§ 2C:25-17 and 25-35). There are two main types of restraining orders in New Jersey: permanent (also known as final) and temporary. What are the differences between these two protective orders and how do you obtain a permanent one? The article aims to cover everything you need to know.
Key Takeaways
- New Jersey offers Temporary Restraining Orders (TROs) and Final Restraining Orders (FROs) for victims of domestic violence and harassment.
- TROs are temporary, obtained ex parte, while FROs are permanent and require both parties' presence in court, with violations leading to criminal penalties, potentially more severe for FROs.
- Seeking legal representation is crucial for navigating the legal process and protecting rights when obtaining TROs or FROs.
What is a Temporary Restraining Order in New Jersey?
A Temporary Restaining Order (TRO) in New Jersey is a court-issued legal document that provides you with immediate protection from domestic violence or harassment. A TRO serves as a temporary injunction prohibiting the alleged abuser from coming near, contacting, or harassing the victim for a set period of time. Generally, a TRO will remain in place for 10 days, which is usually when a court hearing for a Final Restraining Order (FRO) is scheduled [N.J.S.A. §§ 2C:25-28(a),(f); 2C:25-29(a)]. However, the duration of a TRO may vary depending on the circumstances of the case and the discretion of the court.
You can file for a TRO one of three ways: by going to your local courthouse (or where the abuser lives or the abuse took place), going to or calling your local police station, or by calling 911 for an emergency TRO, also known as an ex parte TRO. Should something happen outside of the court’s business hours, there is generally a municipal judge who is “on-call” to assist with your emergencies. On the next available business day, the ex parte TRO will end, and you will have to file at the court or police station in person.
Once a TRO is issued, it is enforceable by law enforcement authorities. Violating the terms of a TRO can result in criminal penalties for the alleged abuser, including arrest and prosecution for contempt of court.
What is a Permanent Restraining Order in New Jersey?
As mentioned earlier, within 10 days of filing a Temporary Restraining Order, you will be scheduled to appear in court in an attempt to receive a Permanent Restraining Order, also known as a Final Restraining Order (FRO). A Final Restraining Order is intended to provide long-term protection to victims of domestic violence or harassment. Once granted by a judge, it remains in effect indefinitely, unless modified or terminated by the court. Similar to a TRO, an FRO outlines specific prohibitions and conditions that the alleged abuser must adhere to. These may include refraining from contacting the victim, staying away from their residence or place of employment, and surrendering any firearms in their possession.
According to N.J.S.A. § 2C:25-29(d), the FRO is indefinite unless one or both party members petition to have the FRO modified or withdrawn.
To obtain a Final Restraining Order in New Jersey, the victim must attend a final hearing where both parties have the opportunity to present evidence and testimony before a judge. If the judge determines that domestic violence has occurred and that a Final Restraining Order is necessary to protect the victim, they will issue the order.
Furthermore, a Final Restraining Order is enforceable by law enforcement authorities. Violating the terms of an FRO constitutes contempt of court and can result in criminal penalties for the alleged abuser, including arrest and prosecution. In addition to the criminal consequences of violating an FRO, there may be civil consequences as well. These may include fines, damages, and other legal remedies available to the victim.
What are the Main Differences Between a TRO and FRO?
The main differences between a Temporary Restraining Order (TRO) and a Final Restraining Order (FRO) in New Jersey lie in their duration, the legal process involved, and their enforceability. Here's a breakdown of the key distinctions between the two:
Duration
A Temporary Restraining Order is meant to be just that—temporary. A TRO is used to provide immediate protection until a final hearing can be held to determine whether an FRO is necessary. Should a Final Restraining Order be granted, it will remain in effect unless modified or terminated in court.
Legal Process
A TRO can be issued ex parte, meaning that it can be granted without the alleged abuser being present or given prior notice. The victim must file a petition with the court, providing evidence of domestic violence or harassment. A judge reviews the petition and may issue the TRO if they determine that immediate protection is warranted.
However, an FRO cannot be obtained ex parte. Both the victim and the alleged abuser must appear in court for the final hearing to present evidence before a judge.
Enforceability
Both a TRO and FRO are enforceable, including arrest and prosecution for contempt of court. However, the penalties for violating an FRO may be more severe due to the ongoing nature of the order and the court's desire to ensure the victim's long-term safety.
Contact a Domestic Violence Lawyer in New Jersey Today to Learn More
In short, a Permanent Restraining Order is a Temporary Restraining Order that has been made indefinite due to a ruling in court. Whether you are seeking to obtain a TRO or want to increase your protections with a FRO, it is important to have the assistance of a legal representative. Aside from advocacy in the courtroom, lawyers can aid in demystifying the process of receiving a TRO or FRO. The team at Ziegler Law Group, LLC, stands ready to help you claim the justice and peace you seek. Get in touch with us today by calling 973-533-1100 or by filling out the online form to schedule your free consultation.