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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 260 reviews
Christopher Guichardo
Christopher Guichardo
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Alan is an excellent lawyer. He helped me with my first case. He is very knowledgeable and explained everything to me throughout the process. I would recommend him to anyone looking for an honest and professional lawyer.
LGL Trucking Services LLC
LGL Trucking Services LLC
1714317166
Attorney Alan Peyrouton , hasta el día de hoy podría decir que es el mejor abogado que he visto y he conocido , nos ayudó con un caso que pensamos que iba a ser perdido , pensamos que era imposible conseguir ganarlo pero el nos ayudó a ganar un caso de DWI con licencia comercial CDL , estamos muy agradecidos con Alan en verdad un abogado muy profesional y con muchos conocimientos . Lo recomiendo a cualquiera que necesite ayuda profesional .
Ludimila Araujo
Ludimila Araujo
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My experience with Alan was amazing, I only have positive thinks to mention about him, he knows the law by heart, he speak Spanish, he’s more than smart, he’s a really good human being , he’s really polite, he’s responsible and dedicated to all his clients.My husbands case was really delicate, we were really afraid he would lose his license for a year, which is how we eat, since his a cdl driver, but thanks to Alan we can breathe and sleep peaceful at night, Alan is so good at his job that he got his case dismissed.His better than the lawyer from SUITS, he’s real!Thank you Alan you are amazing, the best of the best!If anyone needs a lawyer, a good lawyer call Alan!
Denisa Gjana
Denisa Gjana
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Alan is an excellent attorney, empathic and also caring. If you are looking for an attorney who is knowledgeable and knows what he is doing then don’t hesitate and hire him. His prices are reasonable and affordable. He got me out of the legal situation which was very stressful for me and I can’t thank him enough. He explained things thoroughly to me a few times and answered all of the questions and concerns I had. I highly recommend him! Thank you for being responsive and helpful Alan.
Cnidia Vazquez
Cnidia Vazquez
1713917822
Very profesional, makes the right questions during court.Muy profesional, meticuloso, amable, paciente e inteligente. Hizo un trabajo excepcional, el caso salio a mi favor gracias a su dedicacion y amor a su trabajo. Estoy muy agradecida por lo que hizo! Lo recomiendo 100%
Ronald Yee
Ronald Yee
1713913925
After almost four years ago, Payrouton Law, LLC. was engaged to defend the writer against a serious legal issue which could have ended with incarceration as well as a hefty fine. The settlementwas one-half of the posted fine without incarceration! In additionit was advised that within two years of the court decree, proceedings to get "Expungement," was possible making clean all N.J. State Police Records, as if the incident Never Happened.All this time working for and on my behalf, this law firm labored and negotiated all proceedings to gain benefit of a clean record.The N.J. State Police took almost two years and now receiving a verbal communication confirming Records Finally Expunged is all due to the hard work and legal expertise of Payrouton Law.One can not go wrong by retaining Payrouton Law, LLC. to solve legal problems and issues.This law firm is Exceedingly Outstanding In Every Way!!Thank you for all your hard work and efforts for and onmy behalf!!!Respectfully submitted,Ronald Yee- Client.
Maria Feliz
Maria Feliz
1713913413
Alan really helped me out of a delicate situation and made sure the final outcome was in my favor. I choose him based on prior reviews and took a chance and he turned out to be the real thing always looking out for his clients.
Jazziel Lopez
Jazziel Lopez
1713667840
Excellent lawyer , Alan was by far great help with my case. Thank you for being so responsive to my self and my fiancée when we needed help the most. He sure helped me solve my case I highly recommend Alan Payruton. The best of the best .
Michelle Lainez
Michelle Lainez
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Amazing lawyer, I am thankful and grateful for Alan words can’t explain how he help me and my finance at our most desperate moment. He made sure that we could count on him and assured us that he would make thing better which he did!!!I 💯 recommend him he will not let you down. Alan once again thank you for everything you have been a blessing!
Kyle Haller
Kyle Haller
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Alan was by far the most effective and professional lawyer i have ever delt with. He is extremely responsive and effective in conversation. It was a pleasure choosing him to defend me and I would recommend him to all my family and friends.
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