In New Jersey, a Temporary Restraining Order (TRO) is a non-criminal legal order issued by a Municipal or Superior Court Judge which provides immediate protection to someone in a domestic relationship who is in danger.
An individual must testify under oath that they have been the victim of one or more acts of domestic violence by another party in a domestic relationship. A TRO is designed to safeguard victims of domestic violence until a more comprehensive court hearing can be held to determine if a permanent order, Final Restraining Order (FRO) is needed.
The Prevention of Domestic Violence Act (PDVA) N.J.S.A. 2C:25-17 defines “domestic relationship” as a relationship or connection between two people who are
- Married
- Separated
- Divorced
- Living together or previously lived together
- Dating or previously dated
- Have a child together or are expecting a child
The Prevention of Domestic Violence Act (PDVA) N.J.S.A. 2C:25-17 also defines domestic violence as:
- Harassment
- Assault
- Terroristic Threats
- Stalking
- Sexual Assault
- Homicide
- Criminal Restraint
- Kidnapping
- False Imprisonment
- Criminal Sexual Contact
- Criminal Mischief
- Burglary
- Lewdness
- Criminal Trespass
- Robbery
- Criminal Coercion
- Contempt of a domestic violence order that constitutes a crime or disorderly persons offense
- Cyber harassment
- Any other type of crime that involves the risk of death or serious bodily injury to a person who is protected under the “Prevention of Domestic Violence Act of 1991”
Temporary Protections
The person who requests the TRO is named as the Plaintiff and the individual who is prohibited from contacting the Plaintiff is named as the Defendant. If granted, a TRO can immediately impose restrictions on a Defendant, such as:
- Prohibiting direct or third-party contact with the Plaintiff (calls, texts, visits, etc.).
- Requiring the defendant to stay away from Plaintiff’s home, workplace, or other specified locations and individuals.
- Permitting Plaintiff the temporary right to occupy the residence.
- Granting Plaintiff temporary custody of children or pets, if applicable.
- Preventing the Defendant from possessing firearms.
Any violation of a Temporary Restraining Order will result in criminal charges for Contempt, a fourth-degree felony, which is punishable by up to 18 months in prison and a $10,000 fine. A second violation can result in at least 30 days in jail.
Court Hearing
- The TRO is temporary and remains in effect until a final hearing, which is legally supposed to be held within 10 days, but is often later than that.
- At the final hearing, both the Plaintiff and the Defendant will have an opportunity to present evidence, testify, as well as call and cross-examine witnesses. The Defendant is not required to testify and can exercise the right to remain silent, without an adverse inference being drawn by the judge.
- If the judge believes, by a preponderance of the evidence, that the Defendant committed an act of domestic violence and there is a need to protect the victim from further abuse (Silver v. Silver, 387 N.J. Super. 112 (2006)) the court will issue a Final Restraining Order (FRO).
Consequences of a Final Restraining Order (FRO)
- In New Jersey, Final Restraining Orders don’t expire. They are permanent.
- If a court enters an FRO, the Defendant will be subject to a fine, fingerprinted, photographed, and placed in a nation-wide domestic violence registry.
- Anyone with a FRO entered against them is prohibited from owning or possessing firearms.
- In some cases, police will remove the defendant from their home.
- Since a Final Restraining Orders is not a criminal offense, an expungement will not help. It will remain in the police database and in court records indefinitely.