The TRO issues today. The FRO hearing is ten days away.

New Jersey's Prevention of Domestic Violence Act

New Jersey takes domestic violence seriously. The Prevention of Domestic Violence Act,N.J.S.A. 2C:25-171 et seq., provides comprehensive legal protections for victims of domestic violence while establishing clear procedural requirements for obtaining and defending against restraining orders. The Act recognizes that domestic violence is a pattern of abusive behavior that threatens the safety, health, and well-being of individuals and their families, and it provides a civil remedy through the restraining order process that operates independently of any criminal prosecution.

At Simon Law Group, our domestic violence attorneys represent both victims seeking protection and individuals defending against allegations. Because the FRO hearing that decides a permanent order is generally held within ten days of the TRO, the record -- witnesses, texts, photographs, police reports -- has to be built immediately, on either side of the case.

Who Is Protected Under the Act

The Prevention of Domestic Violence Act protects individuals who have a specific type of relationship with the alleged abuser. Under N.J.S.A. 2C:25-191, protected persons include:

• Current or former spouses
• Current or former household members
• Persons who have a child in common, regardless of whether they were ever married or lived together
• Persons who are or were in a dating relationship

The definition of "dating relationship" has been the subject of considerable case law in New Jersey. Courts consider factors such as the frequency of interaction, the duration of the relationship, and whether the parties had an expectation of romantic involvement.

Acts of Domestic Violence

The Prevention of Domestic Violence Act identifies specific criminal offenses that constitute acts of domestic violence when committed by a person in a qualifying relationship. UnderN.J.S.A. 2C:25-19(a)1, these predicate acts include:

• Assault: Purposely, knowingly, or recklessly causing bodily injury, or negligently causing bodily injury with a deadly weapon
• Terroristic threats: Threatening to commit violence with the purpose to terrorize or in reckless disregard of the risk of causing terror
• Harassment: Making communications or engaging in conduct with the purpose to harass
• Stalking: Purposefully or knowingly engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety
• Criminal mischief: Purposefully or knowingly damaging the property of another
• Criminal restraint: Knowingly restricting another person's movements unlawfully
• False imprisonment: Knowingly restraining another person unlawfully so as to interfere substantially with their liberty
• Sexual assault and criminal sexual contact
• Lewdness
• Kidnapping
• Homicide
• Burglary
• Criminal trespass
• Robbery
• Cyber-harassment

Temporary Restraining Orders (TRO)

A temporary restraining order is the first step in the restraining order process. A TRO may be obtained on an emergency basis, without notice to the defendant, by filing a complaint with the Family Division of the Superior Court during court hours or by going to the local police department after hours, on weekends, holidays, or when courts are closed.

To obtain a TRO, the plaintiff must demonstrate that they are in a qualifying relationship with the defendant and that the defendant committed one or more predicate acts of domestic violence. The standard for issuing a TRO is relatively low; the court must find that emergency relief is necessary to protect the plaintiff from immediate danger or further abuse.

What a TRO Can Include

• An order prohibiting the defendant from having contact with the plaintiff
• An order requiring the defendant to leave the shared residence
• Temporary custody of children
• Temporary child support and financial support
• An order prohibiting the defendant from possessing firearms
• An order granting the plaintiff exclusive use of a shared vehicle
• Any other relief necessary to protect the safety of the plaintiff

Final Restraining Orders (FRO)

After a TRO is issued, a hearing on a final restraining order must be held within ten days. At the FRO hearing, both parties have the right to present testimony, cross-examine witnesses, and submit evidence. The plaintiff bears the burden of proving, by a preponderance of the evidence, that a predicate act of domestic violence occurred.

Under the standard established in Silver v. Silver1, the court must also find that a restraining order is necessary to protect the victim from future acts of domestic violence. This requires the court to consider the totality of the circumstances, including the prior history between the parties, the existence of immediate danger, and any other relevant factors.

A final restraining order in New Jersey does not expire on a fixed date. It remains in effect until the court dissolves it upon motion by either party.

Consequences of a Final Restraining Order

A final restraining order carries significant consequences for the defendant, including:

• A record that can appear on background checks
• Prohibition from possessing firearms under both state and federal law
• Potential impact on custody and parenting time determinations
• Requirement to surrender all weapons to law enforcement
• Criminal penalties for any violation of the order
• Potential impact on employment, particularly in fields requiring security clearances or professional licenses

Defense Against Domestic Violence Allegations

False or exaggerated allegations of domestic violence are a serious concern, particularly in the context of contested custody disputes. Individuals facing domestic violence allegations have constitutional rights that must be protected, including the right to be heard, the right to present evidence, and the right to cross-examine the accusing party.

Common Defense Strategies

• Demonstrating that the alleged act does not meet the legal definition of a predicate offense
• Presenting evidence that contradicts the plaintiff's account
• Showing that the plaintiff's motive is to gain a strategic advantage in custody or divorce proceedings
• Establishing that a restraining order is not necessary to protect the plaintiff from future harm
• Challenging the credibility of the plaintiff's testimony

Dissolution of a Restraining Order

Either party may file a motion to dissolve a final restraining order. Under the standard set forth in Carfagno v. Carfagno1, the court considers several factors including the circumstances that led to the issuance of the FRO, whether the defendant has committed any subsequent acts of domestic violence, whether the victim has consented to the dissolution, and the current nature of the relationship between the parties.

Domestic Violence and Criminal Charges

It is important to understand that the restraining order process is a civil proceeding, separate and distinct from any criminal charges that may arise from the same conduct. A defendant may face both a restraining order action in Family Court and criminal prosecution in Criminal Court. The outcome of one proceeding does not control the other, although testimony and evidence from one proceeding may be relevant to the other.

Related Family Law Resources

• Family Law Overview
• Divorce
• Child Custody & Parenting Time
• Post-Divorce Modifications
• Divorce & Estate Planning

New Jersey Court Resources

• NJ Courts -- Domestic Violence Self-Help
• NJ Courts -- TRO County Phone Numbers

Prepare for the relief the final hearing will decide

The initial review should include the temporary order, complaint, hearing date, alleged predicate act, prior history, communications, photos, recordings, police records, witnesses, and any immediate custody or housing issue. Use theconsultation form to identify which side of the order you are on and the next deadline.