The Difference Between Temporary and Permanent Restraining Orders in New Jersey

New Jersey law allows victims of domestic violence to seek protective orders, also known as restraining orders. The Prevention of Domestic Violence Act allows judges to grant Temporary Restraining Orders and Final Restraining Orders. Restraining orders prevent someone from coming within a certain distance or contacting another person for a specific period of time or from having other people contact and harass the victim. The policy goal behind restraining orders is to protect domestic violence victims from acts of physical violence and emotional duress.

Temporary Restraining Orders in New Jersey

New Jersey judges issue Temporary Restraining Orders before they issue Final Restraining Orders. There are a few different situations that warrant a Temporary Restraining Order. Sometimes, a judge sees the need to issue a restraining order immediately because the applicant is in danger or was assaulted. They will issue a Temporary Restraining Order before it is possible to schedule a hearing.

After the judge issues the Temporary Restraining Order, the court must serve the defendant as soon as possible. It will confirm that the defendant received the Temporary Restraining Order. Even the Temporary Restraining Order will state what the defendant can and cannot do. Usually, Temporary Restraining Orders state that the defendant cannot contact the person who filed the order or go to their home, school, or work.

The Temporary Restraining Order will remain in force until the hearing for the final restraining order happens. Typically, New Jersey courts will schedule a final restraining order hearing within 10 days of issuing the Temporary Restraining Order.

Final (Permanent) Restraining Orders in New Jersey

After the hearing or trial for the permanent restraining order, the judge will decide whether or not to issue the Final Restraining Order. The judge can dissolve the Temporary Restraining Order or issue a Final (Permanent)Restraining Order. The plaintiff or person who requested the restraining order must prove the following:

• The defendant committed at least one act of domestic violence as defined by the Legislature, and
• A Final (Permanent)Restraining Order is necessary because of the history of domestic violence, the egregiousness of the domestic violence, and the threat that the defendant will commit future acts of domestic violence.

Penalties for Violating a Temporary or Permanent Restraining Order

When the defendant does not follow the Restraining Order, whether it’s a Temporary or Final Restraining Order, they face serious consequences. Violating a Restraining Order is a 4^th Degree Crime which can result in a prison sentence of up to 18 months and a fine up to $10,000 for those who are convicted.

Contact Our Restraining Order Defense Lawyers At Miller& Borgen, we have extensive experience defending our clients against restraining orders. We understand that many innocent people are charged with domestic violence and need to fight hard for their rights. If you are facing a restraining order in New Jersey, you need experienced legal representation. Contact Miller& Borgen to schedule your initial consultation as soon as possible.