Under the New Jersey Prevention of Domestic Violence Act (PDVA), Restraining Orders in New Jersey are civil orders that are available to individuals seeking protection from acts of domestic violence. Restraining Orders preclude a defendant from contacting or interacting with the plaintiff. There are two (2) types of restraining orders: Temporary Restraining Orders (TROs) and Final Restraining Orders (FROs).
Who Can Obtain a Temporary or Final Restraining Order?
A domestic violence restraining order is only available if you have a qualifying relationship under the PDVA. Those relationships include a current or former spouse, a dating relationship (present or previous, regardless of gender), individuals who share a child in common or who are expecting a child together, and household members (individuals who are presently living with or have previously lived with the abuser, such as family members, caretakers, roommates, or other adults). If the victim does not have a qualifying relationship with the accused individual, TROs and FROs are not available as a form of protection, and a victim may need to seek alternative relief.
I Was Granted a Temporary Restraining Order. Now What?
A Temporary Restraining Order (TRO) is an ex parte order (obtained based solely on the testimony presented by the Plaintiff) that is ordinarily granted if there is “good cause shown.” In other words, a victim does not have to present evidence or prove his or her allegations of domestic violence in order to obtain a TRO. Rather, a TRO is designed to provide immediate protections and safeguards pending a full hearing on the allegations.
A TRO is designed to provide protection on a temporary and short-term basis until a Judge can decide whether a FRO is warranted at a final restraining order hearing. Under N.J.S.A. 2C:25-29, a final hearing should be scheduled within ten (10) days of the filing of the TRO. However, a final restraining order hearing will often take longer to be conducted by the Court.
A final restraining order hearing is a trial that provides both the accuser and the accused individual to present his or her arguments, defenses, witnesses, and proofs.
What Is a Final Restraining Order in New Jersey?
A Final Restraining Order (FRO) is a permanent court order that prohibits the restrained party from contacting, harassing, or coming near the protected person. This can include contact at home, work, school, or other specified locations.
Unlike a Temporary Restraining Order (TRO), which can be granted on an emergent basis and without the other party present, a FRO is issued only after a full court hearing where both sides can present evidence and testimony. Once granted, it does not expire unless a judge later modifies or dismisses it.
What Must Be Demonstrated to Be Granted a Final Restraining Order Case in New Jersey?
In determining whether a final restraining order should be granted, New Jersey courts apply a two-part legal test pursuant to the seminal case of Silver v. Silver, 387 N.J. Super. 112 (App. Div. 2006):
- The Commission of a Predicate Act of Domestic Violence.
First, the court must find that the plaintiff proved, by a preponderance of the credible evidence, that the defendant committed one or more of the predicate acts enumerated in the statute. This may include assault, harassment, stalking, terroristic threats, or similar conduct.
In deciding whether a predicate act occurred, the court does not view the incident in isolation. The alleged conduct must be “evaluated in light of the previous history of violence between the parties.” A pattern of abusive and controlling behavior is a classic characteristic of domestic violence but is not a requirement. Where there is “one sufficiently egregious action,” the Court may find that there exists a need for the protection of a restraining order.
- The Necessity of a Final Restraining Order to Prevent Future Harm.
Second, after a predicate act is established, the Court must determine whether a restraining order is necessary to protect the victim from immediate danger or to prevent further abuse. In assessing whether an order is necessary, the court must consider, but is not limited to, the following statutory factors: (1) a previous history of domestic violence between the parties, including threats, harassment, and physical abuse; (2) the existence of immediate danger to person or property; (3) the financial circumstances of the plaintiff and defendant; (4) the best interests of the victim and any child; (5) in determining custody and parenting time, the protection of the victim’s safety; (6) the existence of a verifiable order of protection from another jurisdiction; and (7) any pattern of coercive control that unreasonably interferes with, threatens, or exploits a person’s liberty, freedom, bodily integrity, or human rights.
A previous history of domestic violence and the existence of immediate danger are the most common factors relied upon to establish a need for a Final Restraining Order.
Both elements must be proven by a preponderance of the evidence in order for a judge to issue a Final Restraining Order.
What Evidence Can Be Used to Support or Defend Against a Final Restraining Order Application?
Evidence plays a central role in final restraining order hearings. Common examples of strong relied upon in final restraining order hearings include:
- The testimony of the Plaintiff and/or the Defendant;
- Photos of injuries or property damage;
- Videos of incidents alleging to be or refuting the predicate act and/or prior history of domestic violence;
- Text messages, emails, or voicemails showing harassing or threatening communications, or supporting a defense to a restraining order;
- Social media messages or posts;
- Police reports, body-worn camera footage, and officer testimony from incidents identified in the Plaintiff’s TRO;
- Medical records documenting injuries;
- Witness testimony from individuals who observed or dispute the allegations of domestic violence.
Can You Get a Restraining Order Against a Defendant Without Witnesses or Physical Evidence?
Yes. A Final Restraining Order can be granted or denied based solely upon the credible testimony of a party. Judges will evaluate the consistency of the testimony, the detail and clarity of the party’s account of the incident, credibility under cross-examination, and the overall context of the relationship and the incident. While additional evidence strengthens a case, it is not always necessary.
What Happens at a Final Restraining Order Hearing?
At the Final Restraining Order hearing, both parties have the right to present evidence, call witnesses, testify under oath, and cross-examine the other party.
If a defendant does not appear, the Court may still proceed with the hearing and decide whether to issue an FRO based on the plaintiff’s evidence and testimony. If the judge decides that the legal standard has been met, a FRO will be entered by default.
What Happens After a Final Restraining Order Is Granted?
If a FRO is granted, the restraints of a TRO are made permanent and will include no-contact provisions, which include no harassment or communication in any form, restrictions on visiting certain locations, firearm restrictions, custody or parenting time provisions, if applicable, and financial or property-related directives in some cases.
Violating a Final Restraining Order is a crime of “criminal contempt” in New Jersey and can result in arrest, fines, and possible jail time.
Legal Guidance in Domestic Violence Matters
Restraining order cases can have long-lasting legal, personal, and professional consequences. Because the outcome of a final restraining order hearing often depends on how evidence is presented in court, a clear understanding of the process is essential.
If you need legal help with a restraining order, contact our experienced domestic violence attorneys at Snyder Kenney & Mercado, LLC. Our respected and compassionate legal team will be your advocate. Call us at 908-574-3081 or complete our online form today for a confidential consultation. We are located in Parsippany, NJ, and we serve clients in the surrounding areas.