New Jersey has taken a strong stance against domestic violence. Accordingly, the legislature has enacted strict laws and regulations to prevent such violence and protect its victims. Those who have been a victim to acts of domestic violence are provided the opportunity to apply for a Temporary Restraining Order. Pursuant to the Prevention of Domestic Violence Act, a municipal or superior court judge can issue a Temporary Restraining Order for a victim against a spouse, loved one, family member, or other qualified individual. In New Jersey, the subject of the restraining order (the aggressor) need not be present for the judge to issue the order. Therefore, it is important to obtain strong representation to ensure the your rights are protected.
Pursuant to Rule 5:7A, a temporary restraining order will be issued only upon a showing of “domestic violence”. If you are served with a Temporary Restraining Order, then you will have to appear before the Burlington County Superior Court for a formal Restraining Order Hearing. At this hearing, the judge will hear testimony and review evidence to determine if there is a reasonable basis to believe that one or more of the following offenses has occurred:
Additionally, the relationship must be one of the following: (1) Marriage, (2) Separation, (3) Divorce, (4) Living together in the same household at present or in the past, (5) A person whom the plaintiff has dated or a person with whom the plaintiff has a child in common or anticipates having a child in common.
Sample New Jersey Restraining Order Form
What Happens if a Temporary Restraining Order is Issued Against Me?
If a Temporary Restraining Order is issued against you, then it is important to understand some of the consequences it may have on your day-to-day life. The following are some of the ways in which restraining order can negatively interfere with your life:
Limit employment opportunities
Restrictions on ownership of a firearm
Restrictions on access to victim’s property (whether solely or jointly owned)
Limited access to children
Could result in deportation if you are not a US citizen
Fees and expenses could be owed to the victim
These are only a few of the endless burdens that a Temporary Restraining Order may entail. In addition to these restrictions, any violations of a court order will result in charges being brought for contempt, under N.J.S.A. 2C:29-9.
Can I Go to My House to Get My Stuff if there is a Temporary Restraining Order?
Yes. A defendant in a domestic violence proceeding is permitted to return to the scene of the alleged instance of domestic violence to gather up his or her things. However, this right is only permitted by an order of the court which will carry restrictions as to time and duration of this visit, and usually requires police supervision.
Will I Have to Turn Over My Gun If I have a Restraining Order Against Me?
If a restraining order is issued against you pursuant to an instances of alleged domestic violence, then yes. If court becomes aware that you possess such a weapon, then may require you to turn over that weapon while the underlying domestic violence matter continues through its adjudication.
Can I Appeal a Temporary Restraining Order (TRO)?
Although it would appear under the Domestic Violence Act that one accused of committing an act of domestic violence has few rights pending a final hearing, in actuality there are several. Specifically, the Act permits an immediate appeal by requesting “a plenary hearing de novo not on the record” before the judge who issued the TRO or any judge of the Family Part of the county in which the plaintiff resides or is sheltered if that judge issued the TRO or has access to the reasons for the issuance of the TRO.
Restraining Order Attorneys in Burlington County NJ
As can be surmised by the name, a Temporary Restraining Order is just that, temporary. If the unfortunate event comes about and you are the subject of a Temporary Restraining Order, you will an opportunity to present your case in court. Within ten (10) days after the issuance of a Temporary Restraining Order, the court must provide a hearing to determine whether or not the Temporary Restraining Order will continue in the form of a Final Restraining Order. A Final Restraining Order is a worst case scenario and it is your best interest to contact an experienced attorney to help guide you through this difficult and complex issue. For a complimentary consultation with a Restraining Order Attorney, call the law firm Proetta & Oliverat 609-850-8284.
Our phones are answered 24 hours a day. We are available weekdays during business hours. We also meet with clients on evenings and weekends by request. We have four office locations conveniently located in Mount Laurel, Point Pleasant, Princeton and Middletown. All major credit cards are accepted.