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 Restraining Order Lawyer for a Free Consultation

 

If you or a loved one are facing Domestic Violence charges and/or a Domestic Violence Restraining Order, it is crucial to hire an experienced criminal defense attorney.  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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