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To get a restraining order in the state of New Jersey, you must be 18 years of age or older or an emancipated minor and suffering from domestic violence at the hands of a current or former spouse, household member, or girlfriend/boyfriend. A parent or legal guardian of a minor who is being stalked by someone can also file for a restraining order. If you are experiencing domestic violence, reach out to a family attorney right away for assistance.
In New Jersey, there are two types of restraining orders, including a temporary restraining order (TRO), which is also sometimes called an ex parte restraining order, and a final restraining order (FRO). As divorce mediation attorneys serving East Brunswick and the surrounding areas, The Vigneault Law Firm can help in providing detailed information regarding restraining orders available to residents in New Jersey.
Here is a breakdown of the two types of restraining orders issued:
A temporary restraining order (TRO) is ordered by the court for the temporary protection of a domestic abuse victim. To get a TRO, the plaintiff files a complaint either with the local police or at the local county courthouse with the Superior Court’s Domestic Violence Unit of the Family Division. Depending on the circumstances, a temporary restraining order (TRO) may be issued in person or via phone.
After issuance of a TRO, police serve the party with the judge’s order, which contains a final hearing date, normally scheduled for up to 10 days later. If the defendant is in possession of firearms, police generally seize them upon serving the TRO. The defendant must also vacate the premises, regardless of who owns it, if the parties are cohabitating.
A temporary restraining order (TRO) is valid until the judge issues an extension, rescinds the order, or issues a final restraining order (FRO) to replace it.
A FRO is a more permanent and detailed order when compared to a TRO. Based on the facts in the case and the final hearing, a judge may opt to issue a final restraining order (FRO) at the final hearing.
During the final hearing, the alleged abuser and the victim can be present, and they can both provide testimony regarding the incident(s) in question. In order to issue a FRO, the judge must find three things to be true.
If these elements are found to be valid, then the final restraining order (FRO) is issued. The order can be issued regardless of whether the defendant is present during the final hearing.
A FRO protects the plaintiff from future acts of violence, prohibits harassment, and decides on temporary custody of children. It can also serve as an order for child and spousal support. Further, the FRO can call for therapy or counseling and decide on temporary possession of any shared property. Until the court rescinds or dissolves a final restraining order (FRO), it remains in full effect and force.
Because the relationship between the abuser and victim is defined under very specific parameters in New Jersey, not all parties qualify for a TRO or FRO, however, it is possible that you may qualify to obtain a criminal court restraining order.
If you or someone you love is being abused, call 911. Reach out for legal advice from the domestic violence attorneys at The Vigneault Law Firm. As leading family law attorneys throughout north and central New Jersey, our caring and compassionate team can answer questions you may have about the temporary restraining order (TRO) process or the process of getting a final restraining order (FRO).
