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A temporary restraining order is the first step in your domestic violence case.
Whether you are the alleged victim or alleged abuser, a temporary restraining order is set in place to separate you from someone. It is intended to provide a “cooling off” period between two people.
A Final Restraining Order is entered at the end of your domestic violence case. This happens after your trial.
The judge heard all of the evidence in your case and has made the determination that a final restraining order is necessary to protect the victim from further harm.
A “TRO” means “Temporary Restraining Order”.
In the Domestic Violence context, this is a legal way to protect you if you are a victim of domestic violence.
It’s a judicial order that limits contact between a victim and their abuser.
It attempts to control the abuser’s behavior.
For example, your abuser may be forbidden from contacting you in any way.
This means that your abuser cannot text, email, call or communicate through another person.
The restrictions contained in this type of court order are based on circumstances that vary from case to case.
For example, the order may contain provisions regarding child support, parenting time, and custody issues.
A TRO will continue in effect until:
If you go to trial and win your case, the order will be removed.
FRO stands for Final Restraining Order.
If at the end of your hearing, a judge enters an FRO against you, this means that you can never contact the victim.
If an FRO was entered against you in New Jersey, it will never expire unless one of the following occurs:
If the Court has entered an FRO against you, this means that you cannot contact the victim in any way, shape or form.
This includes contact through a third party.
Some of these include the following:
You may not possess a firearm.
Your name enters a Domestic Violence Central Registry.
You will be finger-printed and a photo will be taken.
You will be assessed a fine between $50.00 – $500.00.
You will have to make new living arrangements.
You will be obligated to pay for the mortgage of the home you were ordered to vacate.
But the worst part about a Final Restraining Order in NJ is that you can be charged with contempt if you ever violate it.
You never want to violate the term of your restraining order.
A violation will result in further complications.
For example, you may be re-arrested and charged with a felony charge.
To learn more about felony charges, here’s a great article:
NJ Felony (Indictable) Charges: 5 Steps To Start Fighting Back
In conclusion, these types of cases are very complicated.
More often than not, if you have you get a TRO you, you’re probably facing criminal charges too.
You will need to appear in both criminal court and family court.
The consequences of getting a criminal conviction & a final restraining order are very serious.
We are Top-Rated New Jersey Criminal lawyers with tremendous experience in these types of cases.
Don’t risk getting a criminal record.
Let us help you.