In New Jersey, restraining orders are crucial legal tools designed to protect individuals from harassment, abuse, or threats. When you receive a restraining order in New Jersey, it is essential to understand the two primary types of orders and the implications they carry.
Types of Restraining Orders: Temporary and Final
New Jersey law provides for two kinds of restraining orders: Temporary Restraining Orders (TRO) and Final Restraining Orders (FRO).
- Temporary Restraining Order (TRO): This is the initial order issued when a person seeks immediate protection from another individual. It is meant to offer quick, temporary relief until a full court hearing can determine whether a final order is necessary.
- Final Restraining Order (FRO): If, after the hearing, the judge decides that ongoing protection is needed, a Final Restraining Order (FRO) is issued. Notably, in New Jersey, a FRO is permanent. It remains in effect indefinitely unless one of the parties petitions the court for its modification or dismissal.
Both TROs and FROs can include provisions such as prohibiting any form of contact between the plaintiff and the defendant, assigning temporary custody of children, or requiring financial support.
Consequences of Violating a Restraining Order
Violating a restraining order in New Jersey is a serious criminal offense. Under state law, a violation is considered criminal contempt of a court order and can lead to mandatory arrest. Even a seemingly minor breach, such as sending a text message or email to the protected person, is grounds for arrest. The law is strict: any violation of a restraining order is automatically met with law enforcement intervention.
Moreover, if an individual violates a restraining order a second time, the consequences are even more severe. New Jersey law mandates a minimum of 30 days in jail for a second violation, emphasizing the importance of strict adherence to the terms of the order.
Conclusion
Restraining orders in New Jersey are powerful and permanent tools designed to protect individuals from harm. Violating these orders can lead to severe criminal penalties, including arrest and mandatory jail time. If you are involved in a situation where a restraining order is in place, it is crucial to understand the legal implications and adhere strictly to the order’s provisions.
For further guidance on restraining orders and their legal impact, please contact us at 201-461-0031 or mail@songlawfirm.com.
