Temporary Restraining Order (“TRO”): Under N.J.S.A. 2C:25-28(a), a person alleging to be a victim of domestic violence may seek out an emergency Temporary Restraining Order (“TRO”) from a municipal court judge or the Family Court when necessary to protect the life, health, or well-being of the alleged victim. See N.J.S.A. 2C:24-8. If it appears, based on sworn testimony of the plaintiff, that the alleged victim is in danger of domestic violence, the judge will order relief in the form of a TRO.  A TRO may be issued if the judge is satisfied that exigent (i.e. immediate or emergency) circumstances exist and that there are sufficient grounds to grant the application for a TRO.  The TRO will be served upon the defendant in person by the police.

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• “Ex Parte” Hearings 24/7: TRO’s are issued on an “ex parte” basis (meaning only the alleged victim’s side of the story is being heard by the judge at the time the TRO is considered and issued by the judge).  The defendant will get an opportunity to be heard at a later date during a Final Restraining Order hearing.  TRO's can be sought 24/7, 365 days per year, as there is always a Judge on call to hear such requests for protective orders on an ex parte basis.

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• Where to File: A plaintiff may apply for a TRO in the jurisdiction where the alleged acts of domestic violence occurred, where the defendant resides, or where the plaintiff resides or is sheltered.

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• Types of Relief Granted:  Emergency relief via a TRO may include:

  • Forbidding the defendant from returning to the scene of the alleged domestic violence;

  • Forbidding the defendant from possessing any firearm or other weapon;

  • Ordering the search and seizure of any firearm or other weapon at any location where the Judge has reasonable cause to believe the weapon is located;

  • Seizure of any firearms purchaser identification cards or permits to purchase a handgun;

  • Any other appropriate relief.

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• Return to Retrieve Personal Items:  The Judge may permit the defendant to return to the scene of the alleged domestic violence with a police escort to retrieve non-disputed personal belongings (i.e., clothing, toiletries, medications, etc.). The Judge will typically restrict the duration of such permission to 15-30 minutes to collect personal effects. 

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• Personal Service on Defendant:  The TRO must be served upon the defendant so that he or she has notice of what is expected of him/her and what is prohibited.

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• Order Stays In Effect Until Hearing:  A TRO will stay in effect until the Family Division has a hearing to determine if the TRO will become a Final Restraining Order (“FRO”).

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• Contempt for Violations of Restraining Order:  Pursuant to N.J.S.A. 2C:25-30, any defendant accused of violating the terms of a temporary or final restraining order will be charged with contempt.

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• Mandatory Jail Time for 2nd or Subsequent Contempts:  Pursuant to N.J.S.A. 2C:25-30, any defendant charged with a 2nd or subsequent contempt charge is subject to a mandatory 30-day jail sentence.

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• Criminal Court vs. Family Court: If a TRO is subsequently dismissed, this will not result in an automatic dismissal of criminal charges, because the TRO is heard in Family Court, whereas criminal charges are heard in Criminal Court.  They are two independent actions that occur parallel to each other, but do not directly impact the other matter.

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• “No Contact” Orders vs. TRO’s: A “No Contact” Order is an order entered by a judge in Criminal Court as a condition of a defendant’s pre-trial release which prohibits the defendant from having any contact with an alleged victim (including indirect contact through a 3rd party).  On the other hand, a TRO is an order entered in Family Court.  The two Orders are parallel to each other and exist independently from the other (meaning, one does not directly impact the other).  Even if a TRO was dismissed, the “No Contact” Order will still be in place, prohibiting the parties from having contact.  Violations of “No Contact” Orders can have very serious consequences, such as, revocation of a defendant’s pre-trial release or the filing of additional charges (i.e., contempt, harassment, witness tampering, etc.).

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Final Restraining Order (“FRO”): Under N.J.S.A. 2C:25-29, a hearing must be held in the Family Division of the Superior Court within 10 days of the filing of a TRO to determine if the TRO should become an FRO. 

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• Proof By a Preponderance of the Evidence:  At the hearing, the standard for proving the allegations in the complaint that led to the issuance of the TRO is “by a preponderance of the evidence” (i.e., proof by 51% or more).  

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• Factors Considered By the Court:  In considering the necessity for an FRO, the Court must consider the following factors when deciding whether to make a Temporary Restraining Order a Final Restraining Order:

  • ​The previous history of domestic violence between the plaintiff and the defendant (including threats, harassment, and physical abuse);

  • The existence of immediate danger to person or property;

  • The financial circumstances of the plaintiff and the defendant;

  • The best interests of the alleged victim and any children;

  • The existence of a verifiable order of protection from another jurisdiction;

  • Any pattern of coercive control against a person that in purpose or effect unreasonably interferes with, threatens, or exploits a person’s liberty, freedom, bodily integrity, or human rights;

  • The need for protection from immediate danger or further abuse;

  • Coercive control may include:

    • Isolating the person from friends, relatives, transportation, medical care, or other sources of support;

    • Depriving the person of basic necessities;

    • Monitoring the person’s movements, communications, daily behavior, finances, economic resources, or access to services;

    • Compelling the person by force, threat, or intimidation;

    • Threatening to make baseless reports to police, courts, child protective services, immigration, or other parties;

    • Threatening to harm or kill the individual’s family or pet;

    • Threatening to deny or interfere with an individual’s custody or parenting time;

    • Any other factors or circumstances that the court deems to be relevant or material.

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• Types of Relief Granted:  The Court will grant any relief necessary to prevent further abuse, which may include any or all of the following:

  •  An order restraining the defendant from subjecting the victim to domestic violence.

  • An order granting exclusive possession to the plaintiff of the residence or household regardless of whether the residence or household is jointly or solely owned by the parties or jointly or solely leased by the parties.

  • An order providing for parenting time (and shall specify the place and frequency of parenting time).

  • An order awarding temporary custody of a minor child.

  • An order requiring the defendant to pay to the victim monetary compensation for losses suffered as a direct result of the act of domestic violence.

  • An order requiring the defendant to receive professional domestic violence counseling from either a private source or a source appointed by the court and, in that event, requiring the defendant to provide the court at specified intervals with documentation of attendance at the professional counseling.

  • An order restraining the defendant from entering the residence, property, school, or place of employment of the victim or of other family or household members of the victim and requiring the defendant to stay away from any specified place that is named in the order and is frequented regularly by the victim or other family or household members.

  • An order restraining the defendant from making contact with the plaintiff or others, including an order forbidding the defendant from personally or through an agent initiating any communication likely to cause annoyance or alarm.

  • An order prohibiting the defendant from stalking or following, or threatening to harm, to stalk or to follow, the complainant or any other person named in the order in a manner that, taken in the context of past actions of the defendant, would put the complainant in reasonable fear that the defendant would cause the death or injury of the complainant or any other person.

  • An order requiring the defendant to undergo a psychiatric evaluation.

 

• Restrictions on Weapons Possession:  Once a restraining order is issued by the Court, the defendant will be barred from purchasing, owning, possessing, or controlling a firearm and from possession of a firearms purchaser identification card or permit to carry/purchase a handgun during the period in which the restraining order is in effect or two years (whichever is greater).  The defendant must immediately surrender such items in his or her possession. 

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• Contempt for Violations of Restraining Order:  Pursuant to N.J.S.A. 2C:25-30, any defendant accused of violating the terms of a temporary or final restraining order will be charged with contempt.

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• Mandatory Jail Time for 2nd or Subsequent Contempts:  Pursuant to N.J.S.A. 2C:25-30, any defendant charged with a 2nd or subsequent contempt charge is subject to a mandatory 30 day jail sentence.

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Contact a New Jersey Domestic Violence

Lawyer for a Free Consultation

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At Denholtz Criminal Defense, we understand the stakes involved and are committed to providing you with skilled, aggressive, and personalized legal representation.  No matter what the allegations, Ms. Denholtz will provide an honest and detailed evaluation of your case, outline the best legal options available, and craft a defense strategy designed to achieve the best possible result for your unique situation.  Contact Denholtz Criminal Defense today for your free consultation: (862) 842-0811 or Tracy@DenholtzCriminalDefense.com.

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