Restraining Orders in New Jersey
A restraining order is a legal tool designed to protect individuals from domestic violence, such as harassment or threats made while in a relationship. In New Jersey, restraining orders play a crucial role in family law cases, and can dramatically impact divorce proceedings. Whether you are seeking protection from an abusive spouse or defending yourself against such allegations, understanding the impact of restraining orders on divorce, child custody, and financial matters is essential. This guide will explain everything you need to know about restraining orders in New Jersey and how they can affect your legal rights.
Table of Contents
Types of Restraining Orders in New Jersey
New Jersey law recognizes two types of restraining orders:
Temporary Restraining Orders (TROs)
A Temporary Restraining Order (TRO) is an emergency order that offers immediate protection to victims of domestic violence. A judge can issue a TRO based on the victim’s sworn statement, without requiring input from the alleged abuser. TROs typically include provisions such as:
- No-contact orders (prohibiting any communication with the victim)
- Removal from a shared residence
- Temporary custody and visitation restrictions
A TRO remains in effect until a formal hearing, usually within 10 days, where a judge will determine whether to grant a Final Restraining Order (FRO).
Final Restraining Orders (FROs)
A Final Restraining Order (FRO) is a permanent order issued after a hearing where both parties have the opportunity to testify and present evidence. If the judge determines that an act of domestic violence occurred and the alleged victim is in need of further protections, the Judge may grant the FRO. Unlike in some states, FROs in New Jersey do not automatically expire; they remain in effect indefinitely unless dismissed by a court, which requires a motion to be filed by one of the parties at a later date.
Civil Restraint Orders
A Civil Restraint Order is an alternative to a restraining order, typically used in divorce cases. Unlike a FRO, a “civil restraint” does not appear in criminal records but still legally prohibits certain actions, such as contact or harassment. This type of order is often negotiated as part of a divorce settlement. A civil restraint does not have the full force and effect of a court-ordered temporary or final restraining order; however, it accounts for various prohibitions and protections to safeguard against conduct that necessitated the implementation of the initial restraining order. Additionally, a victim of domestic violence is not precluded from seeking a restraining order in the future based on future allegations of domestic violence.
Grounds for Obtaining a Restraining Order
Under the New Jersey Prevention of Domestic Violence Act, restraining orders can be issued based on a wide range of acts of domestic violence, including but not limited to:
- Physical assault or threats of violence
- Harassment, including excessive phone calls or stalking
- Emotional or psychological abuse
- Sexual assault
- Financial coercion and control
- Cyber harassment or social media threats
Restraining orders are not limited to married couples; they can be issued in cases involving former spouses, dating partners, co-parents, siblings, or even household members.
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How Restraining Orders Affect Divorce and Custody Cases
Impact on Child Custody and Visitation
If a restraining order is in place, it can significantly impact child custody and visitation rights. The parties’ history of domestic violence is specified as a child custody factor by law, and judges are required to consider it. A judge may:
- Grant sole custody to the protected parent
- Require supervised visitation for the accused parent
- Restrict parental communication to court-monitored methods
- Limit decision-making rights in parenting matters
- Mandate the accused parent to undergo substance abuse evaluations, psychological evaluations, risk assessments, and/or participate in an anger management training program
Family court judges prioritize the child’s safety, so the child/children may be added as protected parties on the restraining order. Further, the court may establish temporary custody and parenting time arrangements in the final restraining order.
Effect on Property Division and Finances
Restraining orders can impact property division in a divorce, particularly if the accused spouse is ordered to vacate the family home. In some cases, a judge may also issue:
- Temporary spousal support to the protected party
- Exclusive possession of marital property (ordinarily this is ordered during the initial temporary restraining order and continued into the final restraining order if it is granted)
- Restrictions on asset transfers to prevent financial abuse
Influence on Divorce Mediation and Negotiations
Mediation is a common method for resolving divorce disputes, but a restraining order may complicate the process. If direct communication is prohibited, attorneys may need to act as intermediaries. In some cases, mediation may be waived in favor of a court ruling. The courts re-activated a special mediation program for cases in which restraining orders are involved. These special domestic-violence mediations require the use of a mediator with specific training in domestic violence mediations and have different requirements than traditional mediations to ensure the restraining order is not violated and the protected party remains safe.
How to File for a Restraining Order in New Jersey
Victims of domestic violence can file for a restraining order at:
- The Family Division of the Superior Court (during business hours)
- A local police department (after hours, weekends, or holidays)
Steps to Obtain a TRO
- If you are in danger, contact your local police department before taking any other action.
- Complete a domestic violence complaint form.
- Provide a detailed statement describing the abuse.
- Attend an emergency hearing before a judge.
- If granted, the TRO will be served to the accused party.
- A hearing for a FRO should be scheduled within 7-10 days.
At the FRO hearing, both parties may present evidence, including text messages, emails, medical reports, or witness testimony.
Protections and Provisions in a Restraining Order
A New Jersey restraining order may include:
- No-contact provisions (prohibiting phone calls, texts, emails, or third-party contact)
- Residence restrictions (ordering the abuser to leave a shared home)
- Child custody orders (granting temporary custody to the victim)
- Financial orders (requiring financial support payments)
- Weapon surrender orders (forcing the accused to turn over firearms)
- Registration with the Domestic Violence Registry (listing the defendant on a central registry accessible by the court and law enforcement)
- Psychological evaluations, Batterers Intervention, Anger Management and Risk Assessments may be ordered, and the accused will be fingerprinted and DNA swabbed for entry into a State database upon entry of an FRO
- Counsel Fees (Defendants can be ordered to provide for the attorneys fees of the Plaintiff if an FRO is granted)
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How to Defend Against a Restraining Order
If you are falsely accused, a restraining order can have serious consequences for your divorce, parental rights, and criminal record. Defending against a restraining order involves:
- Hiring an experienced family law attorney
- Presenting counter-evidence, such as texts, emails, or witness statements
- Demonstrating inconsistencies in the accuser’s claims
- Proving a lack of credible threats or abuse
A judge may dismiss a restraining order if there is insufficient evidence of the alleged act(s) of domestic violence and/or insufficient proof that the alleged victim requires the protections of the restraining order in the future.
Enforcement and Violations of Restraining Orders
Violating a restraining order in New Jersey is a criminal offense, punishable by:
- Fines and criminal charges
- Jail time (up to 18 months for repeated violations, including mandatory minimum sentences)
- Loss of parental access or implementing supervised visitation
Alternatives to Restraining Orders in Divorce Cases
Not all conflicts require a full restraining order. Alternatives include:
- Civil restraint agreements (mutually agreed no-contact orders without criminal implications)
- Family court orders (the Judge can limit a party’s access to a mutual residence or otherwise restrict communications between the parties outside of the restraining order context)
- Supervised visitation orders or agreements (structured parental access without a restraining order)
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Legal Representation and Support
If you are involved in a divorce where a restraining order is a factor, working with a New Jersey Family Law attorney is crucial. An attorney can help:
- File for a restraining order if you need protection
- Defend against false allegations if wrongly accused
- Navigate custody disputes where safety concerns exist or are alleged
- Address financial security in divorce settlements
We Are Here For You!
Restraining orders play a significant role in divorce and family law cases, impacting child custody, financial arrangements, and overall divorce proceedings. Whether you need protection from domestic violence or are facing wrongful accusations, understanding your legal rights is critical.
If you are dealing with a restraining order in the middle of a divorce or custody dispute, you don’t have to navigate the legal system alone. At Abatemarco Thomlison & Frantz, LLC, our experienced Monmouth County divorce, family law, and trial attorneys are here to protect your rights and provide the guidance you need.
Whether you need to file for a restraining order, defend against false allegations at a trial, or understand how a restraining order impacts your divorce, child custody, or financial arrangements, we are ready to advocate for you.