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 Contempt:  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 unless and until a Judge removes the condition from the pre-trial release order.  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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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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