Being served with a Temporary Restraining Order (TRO) in New Jersey can be overwhelming and frightening. Whether you believe the allegations are justified or completely unfounded, your response in the first few days will significantly impact your future. This comprehensive guide will walk you through everything you need to know about TROs in New Jersey, including immediate steps to take, court procedures, parenting time implications, evidence gathering, and what happens when criminal charges are involved.
Understanding Temporary Restraining Orders in New Jersey
A Temporary Restraining Order is a court order designed to provide immediate protection to someone who claims they are being harassed, threatened, or abused. In New Jersey, TROs are governed by the Prevention of Domestic Violence Act and can be issued in cases involving domestic violence, harassment, stalking, or other threatening behavior.
When a TRO is granted, it typically includes several restrictions that may prohibit you from contacting the plaintiff, going to certain locations, possessing firearms, or having access to your children. The temporary order remains in effect until a Final Restraining Order (FRO) hearing, which must be scheduled within 10 days of the TRO being issued.
Immediate Steps to Take When Served
Read the Order Carefully and Completely
The moment you receive the TRO, read every word carefully. Pay special attention to the specific restrictions placed on you, including no-contact provisions, location restrictions, and any temporary custody arrangements. Note the date, time, and location of your Final Restraining Order hearing, as missing this hearing could result in a permanent restraining order being entered against you by default.
Comply with All Provisions Immediately
Regardless of whether you believe the allegations are true, you must comply with every provision of the TRO immediately. Violating a restraining order is a criminal offense in New Jersey, punishable by up to 18 months in jail and significant fines. Even seemingly minor violations, such as sending a text message or showing up at a location you’re prohibited from visiting, can result in arrest and additional criminal charges.
Contact an Experienced Attorney
Given the serious implications of restraining orders, including their impact on your reputation, employment, housing, and parental rights, it’s crucial to contact an experienced domestic violence attorney immediately. An attorney can help you understand your rights, prepare your defense, and navigate the complex legal process ahead.
Preserve Evidence and Document Everything
Begin gathering evidence that may support your case immediately. This includes text messages, emails, voicemails, social media posts, photographs, and any other documentation that might be relevant to the allegations. Create a detailed timeline of events leading up to the TRO, including dates, times, locations, and witnesses present during any incidents mentioned in the complaint.
The Court Process and Final Restraining Order Hearing
Preparing for Your Hearing
The Final Restraining Order hearing is your opportunity to contest the allegations and present your side of the story. This hearing operates under a lower burden of proof than criminal cases, requiring only a “preponderance of the evidence” rather than proof “beyond a reasonable doubt.” This means the judge needs to believe it’s more likely than not that the alleged conduct occurred.
During the hearing, both parties will have the opportunity to present evidence, call witnesses, and testify. The plaintiff bears the burden of proving that domestic violence occurred and that a final restraining order is necessary for their protection. However, you also have the right to present evidence in your defense and challenge the plaintiff’s claims.
What to Expect in Court
Family court proceedings for restraining orders are typically less formal than criminal court, but they’re still serious legal proceedings. The judge will hear testimony from both parties and review any evidence presented. Common evidence includes police reports, medical records, photographs of injuries or property damage, text messages, emails, and witness testimony.
Be prepared to address each allegation specifically and provide alternative explanations or context where appropriate. If there are inconsistencies in the plaintiff’s story or timeline, your attorney can help highlight these during cross-examination.
Impact on Parenting Time and Child Custody
Temporary Custody Arrangements
One of the most devastating aspects of a TRO for parents is the potential impact on parenting time. If the TRO includes provisions regarding your children, you may be temporarily prohibited from seeing them or required to have supervised visitation only. These restrictions remain in place until the Final Restraining Order hearing, making it crucial to prepare thoroughly for that proceeding.
Protecting Your Parental Rights
During the FRO hearing, the court will consider the best interests of the children when making custody and parenting time decisions. Even if a final restraining order is granted, it doesn’t automatically mean you’ll lose all parental rights. However, the court may impose conditions such as supervised visitation, parenting classes, anger management counseling, or other requirements.
To protect your parental rights, be prepared to demonstrate that you can provide a safe environment for your children and that your relationship with them is beneficial to their welfare. Character witnesses, evidence of your involvement in your children’s lives, and documentation of your parenting capabilities can all be valuable in these proceedings.
Working with Child Protective Services
In some cases involving allegations of domestic violence, the Division of Child Protection and Permanency (DCP&P, formerly DYFS) may become involved. If this happens, cooperate fully with their investigation while working with your attorney to protect your rights. DCP&P’s involvement can significantly complicate restraining order cases and may result in additional restrictions or requirements.
Gathering Evidence and Witnesses
Types of Evidence to Collect
Strong evidence is crucial to defending against a restraining order. Relevant evidence may include electronic communications showing the nature of your relationship with the plaintiff, surveillance footage from relevant locations, medical records, photographs, social media posts, and financial records that might provide context for the allegations.
Documentation of any mental health issues, substance abuse problems, or other factors affecting the plaintiff’s credibility can also be relevant. However, this type of evidence must be handled carefully and presented appropriately through proper legal channels.
Identifying and Preparing Witnesses
Witnesses can provide crucial testimony about your character, the dynamics of your relationship with the plaintiff, and specific incidents mentioned in the TRO complaint. Potential witnesses might include family members, friends, neighbors, coworkers, or anyone who has observed interactions between you and the plaintiff.
When preparing witnesses, ensure they understand the importance of the hearing and are available to testify on your behalf. Witnesses should be prepared to speak about specific incidents they observed and your general character and behavior patterns.
Expert Witnesses and Professional Testimony
In complex cases, expert witnesses such as psychologists, domestic violence specialists, or other professionals may provide valuable testimony. These experts can help explain behavior patterns, assess the credibility of allegations, or provide context for the court’s consideration.
When Criminal Charges Are Involved
Understanding the Dual Track System
New Jersey operates under a “dual track” system for domestic violence cases, meaning that restraining order proceedings in family court can occur simultaneously with criminal charges in municipal or superior court. These are separate legal proceedings with different standards of proof, potential outcomes, and legal strategies.
Coordination Between Cases
When both civil and criminal cases are pending, it’s crucial to coordinate your defense strategy across both proceedings. Statements made in one case can potentially be used in the other, making it essential to work with an attorney who understands both areas of law.
The restraining order case typically moves faster than criminal proceedings, with the FRO hearing occurring within 10 days. Criminal cases may take months or even years to resolve, depending on their complexity and the charges involved.
Impact of Criminal Outcomes on Restraining Orders
The outcome of criminal charges can significantly impact restraining order proceedings. A criminal conviction can make it much more difficult to defend against a final restraining order, while an acquittal or dismissal of criminal charges can strengthen your position in the civil case.
However, it’s important to understand that criminal charges can be dismissed while a final restraining order is still granted, as the burden of proof is lower in civil proceedings.
Building Your Defense Strategy
Challenging the Allegations
Your defense strategy will depend on the specific allegations in the TRO complaint. Common defense approaches include demonstrating that the alleged incidents didn’t occur as described, providing alternative explanations for the plaintiff’s injuries or distress, showing that your actions were taken in self-defense, or establishing that the plaintiff’s allegations lack credibility.
Demonstrating Changed Circumstances
Even if some allegations are true, you may be able to argue that a final restraining order is not necessary because circumstances have changed. This might include evidence that you’ve sought counseling, completed anger management programs, addressed substance abuse issues, or taken other steps to ensure the safety of all parties involved.
Negotiating Alternative Resolutions
In some cases, it may be possible to negotiate alternative resolutions that address the plaintiff’s safety concerns without the need for a final restraining order. These might include agreed-upon safety plans, temporary custody arrangements, or other conditions that both parties can accept.
Long-Term Implications and Moving Forward
Understanding the Consequences of a Final Restraining Order
A final restraining order can have significant long-term consequences, including impacts on employment opportunities, housing applications, professional licenses, and your ability to possess firearms. The order becomes a permanent part of your record and can only be modified or dismissed through specific legal procedures.
Options for Modification or Dismissal
If a final restraining order is entered against you, it’s not necessarily permanent. New Jersey law provides procedures for seeking modification or dismissal of restraining orders when circumstances change or when it can be demonstrated that the order is no longer necessary for the plaintiff’s protection.
Rebuilding Your Life and Relationships
Whether or not a final restraining order is granted, the experience of going through these proceedings can be traumatic and life-changing. Working with counselors, therapists, or other professionals can help you process the experience and develop healthier relationship patterns moving forward.
Taking Action to Protect Your Rights
Being served with a temporary restraining order is not the end of your story. With proper legal representation, thorough preparation, and a comprehensive understanding of the process, you can effectively defend your rights and work toward the best possible outcome for yourself and your family.
The stakes in restraining order cases are simply too high to navigate alone. The decisions made in these proceedings can affect your relationships with your children, your employment prospects, your housing options, and your fundamental rights for years to come.
Ready to Fight for Your Rights? Contact Our Experienced New Jersey Domestic Violence Defense Team Today
Don’t let a temporary restraining order become a permanent barrier to your future. Our experienced New Jersey domestic violence attorneys understand the complexities of TRO proceedings and have successfully defended countless clients facing similar challenges. We know how to gather compelling evidence, prepare persuasive witness testimony, and present effective defenses that protect your rights and your relationship with your children.
Time is critical in restraining order cases. With only 10 days between the temporary order and your final hearing, every moment counts. Contact our office today for a confidential consultation to discuss your case and learn how we can help you fight for your rights, your reputation, and your family’s future.
Call and/or text us now at 201-205-3201 so we can set you up with a free phone consult with an attorney.