Civil Protective Order in New Jersey

A civil protective order, also known as a restraining order, is a court order intended to protect individuals from harassment, abuse, and violence. In New Jersey, there are two types of civil protective orders: Temporary Restraining Orders (TRO) and Final Restraining Orders (FRO).

Temporary Restraining Orders (TRO)

A TRO is a temporary order issued by a judge to protect someone who is in immediate danger of being harmed. It is often the first step in obtaining a FRO. A TRO can be obtained by filing a complaint with the Superior Court of New Jersey, or by contacting a local law enforcement agency. The TRO will be issued if you can demonstrate that you have been the victim of domestic violence. Domestic violence includes physical violence, emotional abuse, sexual assault, and criminal coercion.

A TRO typically lasts for up to 10 days, during which time a hearing will be scheduled for a judge to determine if a FRO should be issued. The abuser will be notified of the hearing and may contest the allegations made against them. If a FRO is issued, it will remain in effect permanently unless it is modified or vacated by the court.

Final Restraining Orders (FRO)

A FRO is a permanent order issued by the court that prohibits the abuser from contacting or harassing the victim. It may also require the abuser to stay away from certain places, such as the victim's home or workplace. In addition, an FRO may provide other relief, such as custody of children or financial support.

To obtain a FRO, a hearing must be held in front of a judge. The victim must prove that domestic violence occurred and that a FRO is necessary to protect them from future harm. If the judge grants the FRO, it will remain in effect permanently. Violating a FRO is a criminal offense and can result in arrest and imprisonment.

Enforcing a Protective Order

If a protective order is violated, the victim should contact local law enforcement immediately. The abuser can be charged with contempt of court and may face fines, probation, or jail time. It is important to keep a record of any violations, including the date, time, and location of the incident.

If you need help obtaining a civil protective order, you can contact the New Jersey Division of Family and Youth Services (DYFS) or a local domestic violence agency. An attorney can also assist you in the process.

Conclusion

A civil protective order can provide much-needed protection for individuals who are the victims of domestic violence. It is important to remember that help is available. If you or someone you know is in immediate danger, contact local law enforcement immediately.