Accusations of domestic violence can have multiple legal implications in New Jersey. Not only can individuals who have been accused of domestic violence face criminal charges, but they can also face domestic violence restraining orders in New Jersey Family Court, and these are civil, not criminal. Domestic violence restraining orders typically provide several strong protections for accusers, and violating a domestic violence restraining order can lead to additional criminal consequences.
In this article, we are focusing on the New Jersey Family Court process.
Whether you need to seek a restraining order or someone is seeking a restraining order against you, it will be important to have an experienced New Jersey domestic violence lawyer on your side. These are complex legal matters, and it is critical to ensure that you are taking all of the necessary steps to protect yourself—both now and in the future.
The New Jersey Family Court Process for Domestic Violence Restraining Order Requests
Before we talk about the Family Court process for domestic violence restraining order requests in New Jersey, we first need to talk about the two types of restraining orders that are available in these cases. For accusers (plaintiffs), seeking protection is generally a two-step process:
- Temporary Restraining Order (TRO) – The process begins with seeking a temporary restraining order (TRO). If a Family Court judge determines that a TRO is warranted, the judge can issue a TRO without the alleged perpetrator having the opportunity to respond. During normal court hours, you apply for a TRO at the county courthouse. After hours, you apply at the local police department. You can apply for a TRO in the county/town where the act of domestic violence occurs, where you or the other party resides, or where the plaintiff is seeking shelter.
- Final Restraining Order (FRO) – Once a TRO has been issued, the Family Court will schedule a hearing to determine whether a Final Restraining Order (FRO) is warranted. This hearing will be scheduled within 10 days of the issuance of the TRO.
While TROs are temporary by definition, FROs do not expire in New Jersey. However, individuals who are subject to an FRO can petition the Family Court to have their FRO modified or terminated in appropriate circumstances. Terminating an existing restraining order will require a formal application to the court. The parties cannot agree to ignore the order.
With this in mind, here is an overview of the process of seeking (or defending against) a domestic violence restraining order in New Jersey:
1. Application for a TRO
The process begins when an accuser applies for a temporary restraining order (TRO). As the New Jersey Courts explain:
“At the courthouse, a staff person will sit with you and fill out an application. Then, you will go before a hearing officer or judge who will listen to you and decide whether to grant a TRO. The other party will not be present in the hearing.”
Alternatively, accusers can contact their local police station, and “the police will contact a judge to decide whether to give you a TRO.” A New Jersey domestic violence lawyer can assist at this stage of the process as well—and we strongly recommend contacting one if you have any questions about it.
2. Issuance and Service of the TRO
If a Family Court judge issues a TRO, the accuser will receive a copy, and the police will serve a copy on the individual who has been accused of domestic violence. As noted above, the judge will also schedule a final restraining order (FRO) hearing within 10 days. Once served with a TRO, the individual who has been accused of domestic violence must strictly comply with the order to avoid prosecution for a restraining order violation, and both parties have the right to attend the FRO hearing.
3. Preparing for the FRO Hearing
Once an FRO hearing has been scheduled, both parties should work with their respective lawyers to prepare. While the New Jersey Courts have published tips for preparing for an FRO hearing, it is important for both parties to have experienced legal representation at this stage. FRO hearings can be life-changing, so it is critical for both parties to ensure they do everything possible to secure the outcome they deserve. When a TRO is issued, a trial date is set. There is often very little time to prepare your case. An experienced domestic violence attorney may request a postponement of your case to adequately prepare. Preparation may include downloading evidence from your cell phone, requesting police reports, and subpoenaing witnesses.
4. Attending the FRO Hearing
Both parties should attend the FRO hearing with their respective lawyers. Appearing is mandatory, and if either party fails to appear, the Family Court can still hear the case—which will most likely result in a ruling in the other party’s favor. An FRO hearing is a formal legal process, and knowing both what to do and what not to do is critical for protecting your legal rights. As a formal hearing, all of the court rules, including the rules of evidence, apply. Unrepresented people are often at a disadvantage.
5. The Family Court’s Decision Regarding Issuance of an FRO
After the hearing, the Family Court will decide whether to issue an FRO. If the Family Court issues an FRO, it will replace the TRO and be effective indefinitely. In New Jersey, FROs can address a wide range of issues. This includes not only issues related to contact and communication but also issues related to child custody, child support, and other family-related matters.
What You Need to Know About Seeking a Domestic Violence Restraining Order in New Jersey
If you need to seek a domestic violence restraining order in New Jersey, the most important thing you need to know is that you should take action promptly. You have the right to seek a TRO if necessary, and you should not let anything hold you back from seeking the protection you need and deserve. Once you obtain a TRO, you should promptly begin preparing for your FRO hearing, and you should hire an experienced New Jersey domestic violence lawyer who can explain to the judge why an FRO is warranted.
What You Need to Know About Challenging a Domestic Violence Restraining Order in New Jersey
If you need to challenge a request for an FRO in New Jersey, you should promptly engage an experienced domestic violence lawyer here as well. In this scenario, you have three equally important priorities:
- You need to defend against your domestic violence case;
- You need to comply with your TRO to avoid an additional criminal charge; and
- You need to prepare for your FRO hearing.
An experienced New Jersey domestic violence lawyer can assist with all of these—and promptly hiring an experienced lawyer is one of the most important steps you can take to protect your future. Time is of the essence, so you should schedule a confidential consultation right away.
Speak with an Experienced New Jersey Domestic Violence Lawyer in Strict Confidence
If you need to speak with a New Jersey domestic violence lawyer, we encourage you to contact us promptly. Call 877-435-6371 or contact us online now to arrange a confidential consultation.