Temporary Restraining Orders, also known as TRO's, and Final Restraining Orders, FRO's, can be an absolute necessity to protect a legitimate victim of domestic violence in New Jersey.  At times, however, and for various reasons, parties may seek a TRO or FRO in bad faith.  Parties may make false domestic violence allegations to try to have a child custody case to go in their favor, may be trying to "get back" at the defendant because of jealousy or other negative emotions caused by the nature of their relationship, and so forth.  The potential reasons why a plaintiff in a New Jersey domestic violence case will make false claims of domestic abuse are countless.

Because false domestic violence allegations can result in a TRO or an FRO against the defendant, the stakes can be very high in such matters.  Restraining orders, either "temporary" or "final," can greatly affect a defendant's child custody rights, can cause employment and financial issues because of how TRO's and FRO's can affect one's work or professional licensing, and can also result in criminal charges and the prospect of jail time is a defendant is accused of violating a restraining order.  Because these potential consequences are an unfortunate reality when someone is falsely accused of domestic violence charges, the proper steps must be taken to defend against such claims.

What is considered "Domestic Violence" in New Jersey?

"Domestic Violence" in New Jersey can come in many forms, and can be referred to by various names; domestic abuse or spousal abuse, for example.  In addition, people may often, albeit mistakenly, believe that only men can be responsible for domestic violence, but this is not the case.  Husbands, wives, boyfriends, girlfriends, parents, and other relations can commit acts of domestic violence as defined by New Jersey law.  Domestic violence in New Jersey is defined by statute - N.J.S.A. 2C:25-19 – New Jersey Code of Criminal Justice - Prevention of Domestic Violence Act of 1991.  Specifically, the "New Jersey Prevention of Domestic Violence Act" defines "domestic violence" as the occurrence of certain acts inflicted upon a person protected under the Domestic Violence Act by an adult or an emancipated minor.

The New Jersey Prevention of Domestic Violence Act prohibits acts that may be obvious, such as harassment, stalking, assault, and sexual assault.  The Act also prohibits offenses that may not immediately be considered as acts of domestic violence, such as kidnapping, burglary, homicide, and more.

When falsely accused of domestic violence, what should I expect?

When a person, whether a man or woman, is falsely accused of domestic violence in New Jersey, they often will become aware of their predicament when they are served with a Temporary Restraining Order.  For a defendant to be served a TRO, certain steps have to take place in advance.  The defendant obviously has to be served the actual TRO, but what occurs prior to that taking place is of more important note regarding false claims of domestic abuse.

The plaintiff (the alleged victim) in a domestic abuse case must initially appear in Court to make allegations that invoke the temporary protection of New Jersey Prevention of Domestic Act.  When a plaintiff makes such allegations at the TRO hearing, the defendant is not present; therefore, it is considered an "ex parte" court proceeding (a one-sided proceeding where unilateral communications are made by one party to the Court; in this case, the applicable party being the plaintiff).

Not only is the defendant not present when the initial allegations are made, the defendant generally will not even know that such a proceeding is taking place.  Despite matters taking place "behind the scenes," the stakes cannot be any higher for the defendant when falsely accused of domestic abuse by the plaintiff at the TRO hearing.  If the Court finds that the plaintiff meets his or her burden in establishing that a temporary restraining order should be issued against the defendant, a TRO can prevent the defendant from returning or residing at his or her house or apartment, even if the defendant's name is on the mortgage or lease, and even if the defendant is financially responsible for the house or apartment. 

Because the defendant is not present at the TRO hearing, the defendant cannot contest false allegations made by the plaintiff.  In addition to concerns as basic as the defendant being forced from his or her own house or apartment, if a TRO is granted to the plaintiff, the defendant, at a minimum, will generally be ordered to stay away from the plaintiff and to have no contact with the plaintiff (either on the defendant's own or through third parties).

How can I fight false domestic violence allegations in New Jersey?

It is far from ideal when confronted with false claims and how a temporary restraining order can upset a defendant's life, but defendants should take solace in knowing that they will be able to fight the TRO at a "final" hearing that, per New Jersey law, must be scheduled within ten (10) days after the TRO was granted.

A defendant falsely accused of domestic violence must appear before the presiding New Jersey Superior Court judge to contest the allegations.  If the defendant does not appear, however, the applicable New Jersey Family Court can issue a "final" restraining order against the defendant (which will last a lifetime), or the Court can issue a bench warrant for the defendant's arrest if circumstances warrant as such.  Appearing in Court at the FRO hearing and fighting the false domestic violence allegations is arguably the only realistic manner to have the TRO dismissed.

Based on which grounds can I fight a TRO in New Jersey?