Restraining Orders

Restraining Orders in New Jersey: What You Need to Know

A restraining order is a powerful legal tool designed to protect individuals from abuse, harassment, threats, or violence—especially in the context of domestic relationships. In New Jersey, restraining orders fall under the Prevention of Domestic Violence Act of 1991. These orders are designed to prevent further harm and give victims immediate and long-term security, while also ensuring due process for the accused.

Temporary Restraining Order (TRO)

A Temporary Restraining Order is often the first legal step in providing immediate protection for a victim.

Ways to Obtain a TRO:

• Calling the police or visiting a police department.
• Filing directly at the Family Division of the County Superior Court.

A TRO Can:

• Order the accused to stay a certain distance away from the victim.
• Prohibit all forms of contact.
• Require the accused to vacate a shared residence.
• Include temporary custody or financial support arrangements.

Final Restraining Order (FRO)

A Final Restraining Order is issued after a full hearing with both parties present.

An FRO Can:

• Be entered into national databases and appear in background checks.
• Restrict firearm ownership.
• Affect immigration status.
• Influence employment and child custody arrangements.

Violation of a Restraining Order

Violating a restraining order is a criminal offense in New Jersey.

Examples of Violations:

• Calling, texting, or emailing the victim.
• Approaching restricted areas.
• Indirect contact through social media or third parties.

Legal Consequences for Violations

Penalties for Violating a Restraining Order:

• First Violation: Up to 6 months in county jail, up to $1,000 fine.
• Second Violation: Mandatory minimum 30 days in jail.
• With Additional Crimes: Up to 18 months in prison (Fourth-Degree Indictable Offense).

The Importance of Legal Representation

Legal representation is crucial whether you’re the plaintiff or defendant.

• Helps present a strong case.
• Ensures your rights are protected.
• Improves outcomes in restraining order hearings.

False Allegations & Family Law Abuse

Restraining orders can be misused in custody or divorce disputes.

• We investigate the full context of accusations.
• Identify contradictions or motives for false claims.
• Present solid evidence to defend the accused.

Immigration & Restraining Orders

Non-citizens face additional risks from restraining orders.

• Visa denial or revocation.
• Deportation for criminal violations.
• Impact on green card or naturalization eligibility.

Custody, Parenting & Family Law Impacts

Restraining orders often impact child custody and visitation rights.

• Can limit or supervise visitation.
• Influence custody decisions even if order is lifted.
• Used in future family court cases.

Why Choose Omojola Law?

Omojola Law provides experienced, strategic legal representation.

• Proven success in contempt and DV cases.
• Aggressive courtroom defense.
• Client-centered service and confidential support.

What to Do If You’ve Been Served

Steps to take if served with a TRO:

• Do not contact the accuser.
• Review all court documents carefully.
• Collect relevant evidence.
• Contact a defense attorney immediately.

Understanding the Emotional Impact of Restraining Orders

Restraining orders often trigger emotional distress for both parties involved, especially in family settings.

• Victims may feel vulnerable or relive trauma while recounting abuse during hearings.
• Accused individuals may experience shock, shame, or reputational harm even before a verdict is reached.
• Children caught in domestic disputes suffer emotionally, especially when contact with one parent is cut off.

How Judges Evaluate Evidence in TRO and FRO Hearings

Judges consider several factors to determine whether a restraining order should be issued or made final.

• Credibility of both parties’ testimony.
• Police reports, medical documentation, and prior incidents.
• Electronic communications (texts, emails, social media messages).
• Photographic evidence of injuries or property damage.
• Witness accounts or attorney testimony (e.g., psychologists).

Technology and Domestic Violence: A Modern Concern

Technology has introduced new forms of harassment and abuse that courts consider in restraining order cases.

• Cyberstalking through GPS, social media, or spyware.
• Threats made through emails or messaging apps.
• Unwanted tracking using smartphones or apps.

Restraining Orders and the Workplace

Restraining orders can extend to the workplace if it’s a location frequently visited by the victim.

• Employers may be notified to enhance workplace safety.
• Accused may be barred from entering shared office buildings or corporate events.
• Violation at work premises can escalate charges and jeopardize employment.

Removing or Modifying a Final Restraining Order

An FRO is permanent but can be dissolved or modified through legal procedures.

• The defendant must file a motion in Superior Court requesting the FRO be vacated.
• The court evaluates current circumstances, any new violations, and victim input.
• Mutual agreement between both parties can lead to a request for dismissal.

Appealing a Restraining Order

If you believe an FRO was issued unjustly, you have the right to appeal the decision.

• Appeals must be filed within 45 days of the final order.
• Grounds for appeal may include legal errors, misinterpretation of evidence, or lack of due process.
• An appellate court may reverse, modify, or uphold the order.

How Restraining Orders Affect Gun Ownership

New Jersey law prohibits individuals with an FRO from owning or possessing firearms.

• Law enforcement will confiscate any weapons and firearm ID cards upon issuance of an FRO.
• Failure to surrender firearms is a criminal offense.
• Firearm restrictions may remain even after the order is lifted.

How Omojola Law Prepares You for Court

We guide our clients through every stage of the legal process, from filing to final hearings.

• Mock hearing preparation to reduce anxiety.
• Evidence organization and witness coordination.
• Cross-examination techniques to expose inconsistencies in the other party’s claims.

Need Help? Contact Us Today

Learn more about filing and enforcing protection orders at the NJ Courts’ official restraining order page or get support from New Jersey Domestic Violence Services.
If you’re dealing with a restraining order, secure legal help immediately.

At Omojola Law, we bring experience, compassion, and courtroom strength to every case. Call us today for a private consultation and protect your rights.