When many people hear “restraining order,” they mistakenly believe that such protective orders issued by a court apply only to former or current romantic partners. One recent story out of Franklin, New Jersey, however, makes clear that other types of relationships between people can also give rise to restraining orders under certain circumstances.
When Lukas Budzel, 23, was arrested after police seized psychedelic mushrooms, marijuana plants, and over $10,000 in cash from his mother's home, his mother immediately asked the court for a temporary restraining order against her son. Budzel's mother told the court she couldn't control her son's behavior and alleged that he had been both physically and verbally abusive toward her.
Purpose of a Restraining Order
Generally speaking, a restraining order (RO) is intended to stop contact between two people. A temporary restraining order (TRO) can be issued immediately if a judge feels the person applying for the restraining order is in immediate danger. Once the court can hear testimony from both sides, the judge may decide to enter a final restraining order (FRO), which is permanent. That is, it remains in effect until one party requests the court to end it, and the court agrees.
A restraining order may include a variety of different types of protection for the person who secures it, such as:
- Forbidding the subject of the order from being physically near the person requesting the order or their home, workplace, school, or any other location
- Requiring the subject of the order to stay a certain distance away
- Prohibiting any phone, email, text, mail, etc., contact
- Forbidding contact between the subject of the order and any person connected with the person requesting the order
If the people involved share children, a temporary restraining order may also include provisions regarding visitation, including a schedule and exchange location, as well as child support.
Eligibility for Obtaining a Temporary Restraining Order
In New Jersey, someone can secure a restraining order against the following people in their lives if they have committed an act of domestic violence against them:
- A spouse or ex-spouse
- Someone with whom they have a child or which whom they are expecting a child
- Someone they are dating or have ever dated in the past
- Any present or former member of their household (person requesting the order must be 18 or an emancipated minor)
As you can see from this list, a mother can, as was the case in the Budzel case, request a restraining order against her son — provided that the son is currently living with her or has lived with her in the past.
Process for Obtaining a Temporary Restraining Order
Getting a temporary restraining order requires filling out the required forms and making the necessary showing to the court that a temporary restraining order is necessary under the circumstances. As noted above, the requester may receive immediate protection from the order, but there will still be a later hearing so the judge can hear from both parties.
If you have questions or concerns about restraining orders — from filing to dissolution — give attorney Joseph D. Lento and his team a call at the Lento Law Firm at 888-535-8636. We can help.
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