In New Jersey, the legal framework for restraining orders is robust. The law aims to provide victims with the necessary tools to safeguard themselves from dangerous situations. It can be a frightening and overwhelming experience if you’re facing a restraining order. In New Jersey, the consequences of a restraining order can have significant implications on your personal and legal rights.
In this blog post, we will delve into the key aspects of restraining orders in New Jersey. We’ll shed light on the potential consequences and discuss how to protect your legal rights. Finally, we’ll discuss how to get a consultation with an experienced New Jersey restraining order lawyer.
What is a Restraining Order?
A restraining order is a legal document issued by a court to protect an individual from physical abuse, harassment, or threats of violence from another person. It establishes specific boundaries and restrictions that the accused offender must adhere to. This ensures the safety and well-being of the alleged victim.
In New Jersey, there are two main types of restraining orders. The first is called a Temporary Restraining Order (TRO). A TRO is granted on an emergency basis when there is an immediate need for protection. A TRO lasts until a final restraining order hearing takes place which is first scheduled within 10 days of the issuance of the TRO.
The second type of restraining order is called the Final Restraining Order (FRO). A FRO is granted after a hearing where both parties have the opportunity to present evidence and testimony. If the court finds sufficient evidence of domestic violence or a credible threat, it will issue an FRO. A final restraining order can last indefinitely in New Jersey! It has far-reaching consequences for the alleged offender. We’ll get into that further below.
What Are the Grounds for Getting a Restraining Order?
Restraining orders are governed by the New Jersey Prevention of Domestic Violence Act of 1991 (N.J.S.A. 2C:25-17). To get a restraining order, the victim must demonstrate the existence of 1) domestic violence or 2) the fear of future harm. Domestic violence includes physical abuse, harassment, stalking, sexual assault, criminal coercion, or any other offense that poses a risk to the victim’s safety and well-being. Fear of future harm means the victim must have reasonable grounds to believe that they are in immediate danger or at risk of future harm by the alleged offender.
Another requirement under the Act is that the victim is only eligible to take out a restraining order if the person who committed, or threatened, an act of domestic violence is:
- A spouse or former spouse;
- Someone they are dating or have dated;
- Someone who they have had a child with or are expecting a child with; or
- A present or former household member.
Potential Consequences of a Restraining Order
In New Jersey, the consequences of a final restraining order are serious. You stand to lose valuable personal and legal rights. It’s important that you get legal guidance by a New Jersey restraining order lawyer on the appropriate steps to take if you find yourself in this situation.
When a restraining order is filed against you, you need to understand the important rights that may be lost:
- Restricted Contact – A restraining order typically prohibits any form of contact with the victim, whether that be in-person, phone calls, emails, text messages or social media interactions. You’ll also be prohibited from contacting the victim’s family or loved ones. Violating these restrictions can lead to criminal charges against you and further legal repercussions.
- Loss of Personal Rights – A restraining order may result in the loss of certain personal rights. These can include being required to move out of a shared residence, losing of custody or restricted visitation rights to children, and losing your right to possess a firearm.
- Impact on Employment – Depending on the nature of your employment, a restraining order may affect your professional life. Certain careers, such as law enforcement or positions involving working with vulnerable populations, may be at risk due to the issuance of a restraining order.
- Stigma and Reputation – Having a restraining order filed against you can carry a significant social stigma and negatively impact your reputation within your community or professional circles.
What to Do If One is Filed Against You
If you find yourself facing a restraining order in New Jersey, you have to carefully read and understand the details of the order. This will ensure that you fully understand the restrictions and obligations placed upon you. You must strictly adhere to the terms of the order. Even if you believe the order is unjust or incorrect, violating it can have severe consequences.
Next, contact our office for a free consultation with a seasoned New Jersey restraining order lawyer. It’s important that you speak with an experienced criminal defense lawyer who knows restraining order cases. We will provide you with valuable guidance, explain and protect your rights, and help you navigate the legal process.
If a final restraining order hearing is scheduled, we will discuss whether attempting to settle the case before the hearing makes sense. If it’s not, we will assist you in preparing a strong defense for trial. We will have you collect any evidence that can refute the allegations made against you. This may include emails, text messages, witnesses, or other relevant documents that can support your defense. During the hearing, we will present your case clearly and honestly. We will cross-examine the opposing party’s witnesses and present evidence to challenge the allegations made against you.
Facing a restraining order in New Jersey can be a devastating experience for anyone. Be aware of the potential consequences it can have on your personal and legal rights. More importantly, get an experienced criminal defense attorney on your side. Nothing can safeguard your rights and protect your interests like a good lawyer can.
New Jersey Restraining Order Defense Lawyers. Protect Your Rights!
It’s important to have legal representation from the beginning of the case. Retaining an experienced restraining order defense lawyer is critical to your success in court.
The lawyers at Shuttleworth Law P.C. have the knowledge of the relevant laws and procedures involved in your case. Knowledge and preparation will give you the best possible defense. We carefully review the details of the case, assess the evidence against you, and develop a strategic defense strategy tailored to your specific situation.
Get your Free Case Evaluation now by calling 888-529-3486 or by messaging us confidentially online. Our legal team can meet with you in person or via secure video conferencing. We make the process convenient for you.
