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New Jersey Restraining Orders

Overview

Restraining orders are issued countless times a day in New Jersey. Whether you’re the victim or the abuser in a Domestic Violence, then you’ve heard about restraining orders.

At the beginning of a case, a temporary restraining order is put in place to create a “safe distance” between the parties. Domestic violence cases use restraining orders the most but they are also issued in criminal cases.
For example, if you’ve been charged with assault, harassment, stalking, terroristic threats, endangering the welfare of a child, or any sex crime, then a temporary restraining will most likely be issued.

Restraining orders are intended to provide a “cooling off” period between everyone involved until the case can be heard before a judge. The first type of restraining order that gets issued in both criminal and domestic violence cases is called a temporary restraining order.

A Final Restraining Order is entered at the end of your case. If the judge determines that you are in danger from your abuser, then a final restraining order provides long-term protection for you.

At your trial, the judge hear all of the evidence in a  case and has made the determination that a final restraining order is necessary to protect the victim from further harm.

- What Is A Temporary restraining order?

A Temporary Restraining Order is commonly referred to as a TRO (tee-are-oh)

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, one of our Bergen County clients suffered from drug & alcohol addiction. He would often drink & drug and become abusive towards his wife. To make matters worse, their children would witness domestic violence. 

One night his wife feared for her life and called 911. The Saddle River police arrived, arrested our client, and charged him with marijuana possession, terroristic threats, assault, and endangering the welfare of a child. The police removed our client from his home & a temporary restraining order was issued.

This restraining order stayed in place for months. As a result, our client had to move out of his home and had limited contact with his children and could not have any contact with his wife. To make matters worse, DYFS opened an investigation in our client.

Our lawyers successfully got his criminal charges dismissed and DYFS closed their investigation. We’re happy to say that our client got the addiction treatment he desperately needed and eventually reconciled with his wife. They saved their marriage & the children enjoy a peaceful home.

How Long does a Temporary Restraining Order Last?

A TRO will continue in effect until:

  1. A judge removes it; OR
  2. After your Final Restraining Order hearing.

If you go to trial and win your case, the order will be removed.

How Long does a final Restraining Order Last?

If an FRO was entered against you in New Jersey, it will never expire unless one of the following occurs:

  1. The person whom once feared you (Domestic Violence victim) changes his/her mind and asks the court to remove or lift the Final Restraining Order; or
  2. You appeal the decision of the court that issued the FRO and win; or
  3. After plenty of time has passed, you file a motion asking the court to “vacate” or “undo” the original order.

 

Since Final Restraining Orders Never Expire in New Jersey, you really need to be prepared for your hearing.

What are the consequences of a final restraining order?

If the Court has entered a FRO against you, this means that you cannot contact the victim in any way, shape or form. This includes contact through a 3rd-party. 

A 3rd-party means using your friends or family to contact the other person.

Other consequences of a FRO may include:

  • You may not possess a firearm.
  • If you do possess firearms, you will lose them
  • Your name enters the Domestic Violence Central Registry.
  • You will be fingerprinted 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.

What Happens If I Violate A Final restraining order?

You never want to violate the terms of the final restraining order. A violation will result in further complications. For example, you may be re-arrested and charged with contempt of court.

Read more to learn about the consequences of violating a final restraining order.

Restraining Order Lawyers Near You

Restraining orders are used in domestic violence & criminal cases.

Don’t be surprised if you got charged with Simple Assault, Terroristic Threats, or Stalking on the same day that a restraining order was issued.

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.

Don’t risk getting a criminal record. 

Let us help you.

Our Experience

You or a loved one have been arrested. Understandably, you are terrified & have a lot of questions. You’ve heard about plea bargains & probation, but the process is overwhelming. You want a local attorney near you to represent you.

Mr. Peyrouton is from Ridgewood & handles all types of criminal matters in New Jersey complex as well as nearby cities. The New Jersey Law Journal recently published one of his articles on the subject of criminal law.

How We Can Help

Regardless of the criminal charges you are facing, we are here to defend & protect you. Whether you are facing a restraining order, drug charge, theft charge, or aggravated assault charge, we are here to help you. Even a DWI case can really complicate your life.

If we can’t get your charges dismissed, we can either get them downgraded or place you in a diversionary program. The point is, our criminal defense lawyers will fight tirelessly to get you the best result possible. Take advantage of our free consultation to see how we can help.

Our Practice Areas

Below, you will find a few of our practice areas.

Areas We Serve

Our Hackensack criminal lawyers represent clients in Bergen County & nearby counties & cities. 

Get Help With Your Case

How Do Your Free Consultations Work?

There are plenty of excellent Hackensack criminal lawyers in our area. Most, if not all of them, offer free, 20-minute, consultations. However, our free consultations do not have a time limit. You will never feel rushed.

The best way for us to help you is to patiently listen to your side of the story. Your version of events will serve as the basis for your legal defense. It is during these initial meetings that your memory of the event is fresh in your mind. Why we would rush you during such an important aspect of your case.

We understand that your choice of attorney could mean the difference between your freedom and spending years behind bars. 

When you hire an attorney, you are entering a long-term relationship. For this reason, it is important that you feel comfortable with the team of Hackensack criminal lawyers that will represent you.

What our clients say about us:

Peyrouton Law
4.9
Based on 276 reviews
Alysa Melero
Alysa Melero
1718736824
Makes a great confidant argument,and is such a comfort to have on our side!
Haitian Bokor Leonard Elmera
Haitian Bokor Leonard Elmera
1718408623
This guy deserves 10 stars he works and is assertive. He is a heavy weight champ in the court room BEST LAWYER EVER he worked on my girlfriend’s case and got a her a victory. He is very meticulous and orderly in his defense. This guy is outstanding. 🥊 BEST LAWYER EVER !
MetalBabe87 Metal High Priestess
MetalBabe87 Metal High Priestess
1718401673
I hired Al, for a Domestic Violence Situation. In the court system. He was beyond helpful. Very open and receptive. Communication was absolute key with him. He kept me in the know every email every text message. Communication was on point!He was and is very passionate. Leads with integrity boldness and truth. I have never seen so much tenacity in person. He was beyond helpful - explaining situations in the court system that I should expect.I highly recommend him. I will recommend him to any of my clients as well. He is absolutely excellent and straightforward. Definitely pushes the envelope and applies the pressure as a true lawyer should.Once again, I will absolutely recommend him for any cases in the future. An absolutely recommend him to friends and family. I hope to work with him again under better circumstances.Thank you so much - for your patience, guidance and help. You have been absolutely wonderful to work with.
Yvette Bariffe
Yvette Bariffe
1718395085
Navigating the criminal justice system can be a daunting and intimidating experience. However, Peyrouton Law demonstrates an exceptional ability to guide clients through this complex world with the utmost professionalism. The firm embodies a comprehensive combination of knowledge, experience, tenacity, and effective representation. When my 22-year-old son, who resides in Chicago but works in New Jersey, inadvertently neglected to place his legally registered firearm in his checked luggage, he found himself facing arrest. As a mother residing in Chicago, I was overwhelmed with fear and uncertainty, being unfamiliar with New Jersey's criminal justice system. Upon reaching out to Peyrouton Law, they diligently represented my son throughout his legal challenge, alleviating my anxiety and providing much-needed reassurance. I wholeheartedly endorse and recommend this exceptional law firm.
Anji Gomez
Anji Gomez
1718143485
El mejor abogado que pude aver encontrado cada audiencia me sentí confiada porque sabía que todo iba salir bien no ablo inglés y también mejor abogado en abla español súper bueno de confianza y pudo quitarme los cargos de los cuales estaba acusada lo recomiendo
jessica janicek
jessica janicek
1718121038
Jesus Temple
Jesus Temple
1717651101
I am very pleased with the choice I made, when I choose Peyrouton Law Firm. Allan is such a great person and listens to you carefully and applied pressure to your case.
Adrian Williams
Adrian Williams
1717650815
Allan has the best criminal attorney in New Jersey, he's a man of his word. If you in need of a criminal attorney search no more, here's one right here Peyrouton Law Firm.......
Bruce Mandell
Bruce Mandell
1717650349
Best lawyer there is hands down💙❤️💙
God is love
God is love
1717519337
Alan is a great experience good attorney hard working man 👨 looking for a good criminal lawyer Alan is the boss ❤️
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