Flurry Journal

General Blog

Can a New Jersey Restraining Order Become Permanent?

In New Jersey, strict laws exist against domestic abusers. Permanent restraining orders in the state do not expire. An alleged domestic abuse victim first seeks a temporary restraining order on an emergency basis. Domestic violence accusations include harassment, sexual assault, stalking, criminal restraint, simple assault, and others. A temporary restraining order is a sort of intervention before a judge can decide on a domestic violence case. So, what happens if a restraining order in NJ becomes permanent? You can learn more about this below:

A court will approve a final restraining order (FRO) after the plaintiff presents substantial evidence against the defendant. The defendant can challenge this evidence at the final hearing. But if they fail to convince the judge, the TRO will become final and stays in effect permanently. But the defendant can go back to court to have the FRO terminated. This may be possible if they have a skilled lawyer who can fight the order and go about obtaining the removal of the FRO.

How the FRO Can Affect the Defendant

When the FRO is issued, the defendant must stay away from the plaintiff and can’t visit the usual locations of the victim. Violating the order can put the defendant in jail. Also, the defendant can’t possess or own a firearm, possibly ending a military career. Lastly, the defendant may not be allowed to be in places where the plaintiff happens to be such as schools, restaurants, offices, bars, and homes. 

Restraining Orders are Easy to Violate

Even a phone call, letter, or text message is a form of violation of a FRO. Violating the order can lead to jail time, restricted visitation with children, and loss of employment. Also, a violation of a FRO can become a criminal conviction.

Typically, a restrained person is a partner, spouse, lover, ex, or household member. They may share kids with the victim. With a FRO, a father may have to visit their kids under supervision or may not be allowed to visit at all. Because of this, they may want to contact the victim by stalking, harassing, or simply sending text messages to them about seeking their children. Unfortunately, such violations of the order may land them in contempt of the order, causing them to face fines and penalties. A violation of a FRO is a separate crime from domestic violence offenses and several violations result in more significant fines and longer sentences. 

Related Posts