Restraining Order Defense Attorney In New Jersey

New Jersey law allows for two primary types of restraining orders: Temporary Restraining Orders (TRO) and Final Restraining Orders (FRO). Each type comes with different legal processes and consequences.

1. Temporary Restraining Order (TRO)

A Temporary Restraining Order (TRO) is typically the first step in a restraining order case. TROs are often issued in an emergency situation, without the accused having a chance to present their side of the story. A TRO can be granted based solely on the testimony of the alleged victim and is designed to provide immediate protection.

A TRO may include the following restrictions:

• Prohibiting contact with the alleged victim (through phone calls, texts, emails, or in-person).
• Preventing you from entering your shared home or other specified locations (such as the victim’s workplace).
• Restricting access to your children or limiting visitation rights.

Once a TRO is issued, a court date will be set for a hearing to determine whether a Final Restraining Order (FRO) should be issued.

2. Final Restraining Order (FRO)

A Final Restraining Order (FRO) is issued after a court hearing, where both the accused and the alleged victim have the opportunity to present their cases. An FRO can impose long-term restrictions on the accused, and unlike TROs, FROs do not expire. They remain in effect indefinitely unless the court lifts the order at a later date.

The consequences of an FRO are far-reaching and may include:

• Permanent prohibition on contacting the victim.
• Loss of child custody or visitation rights.
• Surrendering firearms or losing the right to own or purchase firearms.
• Restrictions on where you can live or work.
• Impact on your professional and personal reputation, including potential difficulty in securing employment or housing.

Given the permanent nature of an FRO, it is critical to have experienced legal representation to fight the allegations and prevent a Final Restraining Order from being issued.