Deciding to file for a restraining order is an emotional decision. Oftentimes, a restraining order is the result of domestic violence or a traumatic situation. It requires extreme courage for a victim to seek assistance and pursue a restraining order. If you want to pursue a restraining order, you should be proud of this step. At the Lento Law Firm, we are here to support you and protect your safety. This step is big, but you don't need to go through it alone. Our Family Law Team has guided countless families to safety through the New Jersey court system. Get started with our Family Law Team today by calling 888-535-3686 or using our online form.
What is a Restraining Order?
Restraining orders are a specific type of court order that prohibits one party from interacting with another. You may also hear a restraining order referred to as a protective order. Restraining orders are one tool that New Jersey courts use to protect individuals facing violent situations such as harassment, stalking, or abuse. The goal is that the legal order requiring the parties to be separated will prevent the abuser from making contact and causing the victim further harm. It sends a message that the abuser is being watched and there will be consequences for their actions.
Laws Governing Restraining Orders in New Jersey
There are two main laws that govern restraining orders in New Jersey: the New Jersey Prevention of Domestic Violence Act (PDVA) and the Sexual Assault Survivor Protection Act of 2015 (SASPA). The main difference in the laws is that PDVA covers domestic violence, which requires a prior relationship with the abuser, whereas SASPA covers all victims regardless of a prior relationship with the abuser.
Who Can File a Restraining Order?
Under PDVA, a victim can file a restraining order against any of the following people if that person has committed assault, harassment, criminal mischief, or stalking crimes against them:
- A current or former spouse
- A current or former household member
- A person they share a child with
- Someone with whom they have had a romantic or intimate relationship with
SASPA allows victims of sex crimes to file for restraining orders against their abuser. Crimes that would qualify for a restraining order can include any nonconsensual sexual conduct, sexual assault, lewdness, and more. As mentioned above, unlike with PDVA, the victim and abuser don't need to have had any specific relationship for the victim to file for a restraining order. If the victim suffered a sex crime by a stranger, they can file a restraining order.
What Goes in a Restraining Order?
Restraining orders include a few different components. Generally, they include a series of no-contact provisions, including limitations on how close the abuser may get to the victim and even limited locations the abuser can visit.
No-Contact and Proximity Provisions
A few common provisions in New Jersey restraining orders include:
- Direct no-contact provisions prohibit the abuser from contacting the victim directly in any manner (phone calls, text, social media, in-person, etc.)
- Third-party no-contact provisions prohibit the abuser from reaching out to the victim through friends, family, or other third parties or checking on the victim's whereabouts or status.
- No electronic communication, which restricts the abuser from contacting the victim electronically or even mentioning their name on social media or electronic platforms
- Proximity restrictions, which are generally set at 100 yards from the victim
- Stay away from specific location restrictions, which prohibit the abuser from visiting certain locations such as the victim's workplace, school, home, or often-frequented locations.
- Residence exclusions, where an abuser may be required to vacate their own home and surrender access to the residence if they share a residence with the victim
Child Custody and Visitation Provisions
While the above provisions are the most thought of when we hear of a restraining order, there are other provisions that are commonly included in restraining orders. Restraining orders can often have provisions relating to child custody and visitation; these include
- Temporarily revising custody agreements for children shared with the victim.
- Allowing only supervised visitation with shared children
- Restricting contact with children the abuser may pose a risk to
Financial Provisions
Financial concerns are one reason victims are hesitant to separate from abusers. Victims are often so financially intertwined with their abusers that getting out would be detrimental to their financial survival and could leave them homeless. Fortunately, if you are financially dependent on your abuser, you can get financial provisions included in your restraining order to protect you. These provisions will usually require continued financial support from your abuser, similar to spousal support in a divorce.
Financial provisions can also extend to requiring the abuser to pay legal fees related to your obtaining the restraining order. Additionally, if your abuser caused any property damage or physical harm to you, resulting in medical bills, payback for those expenses may also be included in a restraining order. If you aren't sure if you qualify for financial provisions in your restraining order, call the Lento Law Firm. Our Family Law Team will learn more about your case and tell you which provisions can be requested in your restraining order and the likelihood of a judge awarding them.
Firearms Surrender Provisions
Because violence is so central to obtaining a restraining order, it should be no surprise that restraining orders include firearm surrender provisions. If a person has a restraining order against them in the state of New Jersey, they will be prohibited from purchasing firearms, and any currently owned firearms will need to be surrendered to law enforcement. Carrying a firearm or failing to surrender a firearm will be considered a violation of their restraining order and can have serious consequences.
Counseling or Treatment Provisions
Counseling and treatment provisions are often seen in restraining orders related to domestic violence. While violence is never acceptable, it is, unfortunately, sometimes a result of an alcohol or substance abuse disorder or mental illness. Restraining orders can include provisions that mandate an abuser to attend counseling, anger management courses, substance abuse treatment, or other treatments if those treatments address a contributing factor of the violence.
Types of Restraining Orders in New Jersey
New Jersey has two types of restraining orders: temporary restraining orders (TRO) and final restraining orders (FRO). As its name suggests, a TRO is temporary, usually only ten days. A judge will issue a TRO as a response to an emergency situation where the judge believes the victim would be in immediate danger if the TRO is not issued. Because the situation is considered an emergency, there is no formal hearing, and the abuser has no opportunity to defend themselves before it is put in place. TROs tend to be limited in their provisions, just the bare minimum limiting contact, physical, digital, or otherwise.
Final restraining orders can only be issued after a judge has held a formal hearing and decides that a victim is still at risk of harm at the hands of their abuser. The alleged abuser will have time to prepare with their attorney and will present a defense as to why they do not pose a threat to the victim and why an FRO is not necessary. In New Jersey, an FRO is permanent; this differs from many other states that set expiration dates for FROs. If an abuser or their victim wants to have an FRO lifted, it will require approval from the judge. Unlike the TRO, the FRO can include numerous detailed provisions discussed in the sections above regarding child support, financial support, and more.
Steps to Obtaining a Restraining Order in New Jersey
If you believe you are in danger and need to file a restraining order, contact the Lento Law Firm right away. We will set up a consultation immediately to ensure we have the full facts of your case and can prepare a complaint. If the situation is an emergency, we will ensure your request for a temporary restraining order is filed and before a judge ASAP. Your safety is our top priority. Once you are safe, we will begin preparing for the FRO hearing. Because they are typically scheduled within 10 days of filing the complaint, we will work quickly and diligently to collect evidence and witness testimony and prepare you if you are called to the stand.
We are in constant communication with you throughout the process, so we know what you need from an FRO. We can effectively communicate your needs to the judge and vigorously defend the requested provisions.
Rarely do people respond well to a restraining order being filed against them. Your Lento Law Firm attorney will prepare for your abuser to put up a few defenses, including challenging the evidence we present, arguing they never intended to cause harm, presenting alibis, or claiming you are unhinged or lying. Our Family Law Team is used to dealing with these tactics and will do everything in our power to discredit your abuser.
Penalties for Violating a Restraining Order in New Jersey
If your abuser violates their restraining order, they can have serious issues. Violating a restraining order in New Jersey is a criminal offense, with jail time and fees on the line. Any provision violation can result in consequences. The first offense is considered a fourth-degree crime, with penalties of up to 18 months in prison and fines of up to $10,000. Additional violations can result in significantly higher fines and longer jail time, potentially wading into third-degree criminal territory.
Any time your abuser violates the restraining order, they are subject to arrest. New Jersey law requires that law enforcement immediately arrest anyone violating their restraining order to preserve the victim's safety. Unfortunately, not all law enforcement officials take this seriously. If you have notified law enforcement that your abuser has violated their restraining order and law enforcement has not taken action, call your Lento Law Firm attorney immediately.
In addition to addressing issues with law enforcement, your Lento Law Firm attorney will address the violation by filing a complaint for contempt of court against your abuser. Your abuser should never get away with violating their restraining order, and notifying the court can further punish your abuser.
How a New Jersey Family Law Attorney Can Help You
If you are facing domestic violence or have suffered a sexual crime, a restraining order may be appropriate and even necessary to preserve your emotional and physical safety. There are a lot of emotions, from shame to anger, surrounding domestic and sexual violence, but you don't need to suffer alone.
At the Lento Law Firm, our Family Law Team wants to support you. We aim to help you navigate the legal system to protect you and your family from abuse. We understand the sensitive issues involved, particularly in domestic violence situations, and we aim to extract you from the situation safely with a restraining order if appropriate and ensure that the restraining order is complied with.
When you retain the Lento Law Firm, we learn the ins and outs of your case to present strong evidence in your defense of a restraining order. We handle all the paperwork and logistics, so you only need to worry about your own physical and emotional recovery.
Our Family Law Team knows all the tricks in the book for obtaining restraining orders and fighting back against abusers. Our extensive time working in New Jersey courts means we know the judges and the system and are prepared for all scenarios. If you or a loved one is facing abuse, call the Lento Law Firm to learn if a restraining order is a good option for you. Contact us today at 888-535-3686 or through our online form.
