Bruce K. Warren, Esquire can help explain to you the impact of a final restraining order. If a complaint for a restraining order has been filed against you, you should take action immediately to secure the services of an experienced criminal defense attorney. Do not under any circumstance contact the person who had the order placed against you! Contact Bruce K. Warren of the Warren Law Group right away at 856-848-4572 after hours or weekends email Mr. Warren at email@example.com for a faster response.
New Jersey law recognizes two types of retraining orders a temporary order and final order. Initially a temporary restraining order can be put in place of a party alleges some type of domestic violence. Both temporary restraining orders (“TRO”) and final restraining orders (“FRO”) are granted to protect the safety of the victim, not to penalize the alleged perpetrator. However, the effects can frequently feel punitive because incidents of domestic violence go onto a person’s record, which can be seen by potential employers.
Additionally, a person may lose his or her right to possess a firearm.You can even be arrested for a criminal offense in the event that the plaintiff alleges a violation of the restraining order in the future.
Most protective orders prohibit contact between people. This is common in cases of domestic violence. An abusive spouse or former spouse may be ordered to stay away from the other spouse
or former spouse, or their children, if child abuse is involved.
Excluding From Dwelling, School, Employment
In some situations, contact may be necessary between an alleged abuser and a victim. In this case, an order preventing the alleged abuser from visiting the victim’s home, school, or place of
employment. This will give the victim their privacy, but may give the opportunity for contact in public spaces.
Restraining orders in New Jersey are strong protection for victims of domestic violence, but they are devices that in practice are often abused. To get a final restraining order in New Jersey there must be a finding by the court on three elements:
First the court must determine if an act of domestic violence has occurred, the judge will consider whether the act or acts of the alleged abuser constituted any of the following crimes under the New Jersey Criminal Code:
- Harassment 2C:33-4
- Assault 2C:12-1
- Criminal Mischief 2C:17-3
- Terroristic Threats 2C:12-3
- Sexual Assault 2C:14-2
- Lewdness 2C:14-4
- Stalking 2C:12-10
- Criminal Trespass 2C:18-3
- Burglary 2C:18-2
The second element required to pass a restraining order is a prior history of domestic violence. Obviously you must prove at least one single instance as noted above, but it’s not enough to issue a final restraining order. The history of the parties must show a past record of such incidences occurring. If a prior history of abuse has taken place, there certainly should be a record of it, and if there isn’t, it’s going to be hard to prove in the courtroom. It is always suspect when one party files for a TRO at a time when a divorce is about to be filed. Some believe that the TRO/FRO will give them a better position in the divorce and custody matters.
The final element necessary to have a restraining order issued is to show that the victim in the case is reasonable to be in fear for their safety based on your actions. Even if one abusive incident in conjunction with a history of incidents are proven, this does not necessarily mean that a reasonable fear for one’s safety exists. When people in a relationship argue they say horrible things at times. We must determine if this a standard course of conduct between the parties or is it one sided? Does the alleged victim actually fear the defendant? If not, a final restraining order is not needed.
You need an attorney who knows the law and can argue on your behalf. These matters always deal with a lot of emotion. Do not wait until after a restraining order is granted to call an attorney.
Contact Bruce K. Warren today to schedule a consultation about your child custody matter today.
Bruce K. Warren represent residents of Cumberland County, Salem County, Cape May County, Atlantic County, Gloucester County, Camden County and Burlington County and Philadelphia, Pennsylvania