If you are served with a temporary restraining order in New Jersey, do not attempt to contact the alleged victim or any other individuals identified on the restraining order, and do not ask any third-party to contact such individuals, unless specifically and expressly permitted under the restraining order.
Contacting the alleged victim or other individuals identified on the restraining order is a violation of the restraining order, and can result in additional penalties, both civil and criminal. Even a simple text message can constitute a violation.
The moment you are served with a restraining order, you should contact an experienced domestic violence attorney right away. Generally, there is only a limited amount of time between being served with the restraining order and being ordered to appear for the hearing to determine whether the temporary restraining order should be dismissed, or whether a final restraining order should be entered. Since discovery is generally not permitted in domestic violence cases, your attorney might only have a few days to speak to witnesses, obtain evidence, subpoena police officers and other witnesses and assess the circumstances and evidence in connection with your case.
In New Jersey, final restraining orders are permanent and can have serious repercussions, so you should treat any temporary restraining order very seriously.
As part of most temporary restraining orders, you will not be able to return to your home, or wherever you were residing with the alleged victim, and also may not be able to see your children during the time the restraining order is outstanding.
Under certain circumstances it may be possible to modify these provisions and allow you to return to your home to collect certain personal belongings or establish a parenting time schedule for you to see your children, prior to the disposition of the restraining order.
After a temporary restraining order is issued, the order will set forth a specific date on which the matter will be heard before a family court judge. The date is generally around ten days after the order is entered, and so obtaining an attorney quickly is critical to preserving your rights. On the date of the hearing, several things can occur: (1) the alleged victim can decide to dismiss the restraining order in its entirety; (2) the parties can enter into civil restraints, which includes a dismissal of the restraining order, but provides for certain provisions for the parties to abide by; (3) a hearing will be held to determine whether a final restraining order should be entered by the court.
In Central New Jersey, restraining orders are handled in family court. Nevertheless, a restraining order may also give rise to a criminal complaint for the underlying alleged conduct. Such cases are generally handled in the municipal court of the municipality in which the alleged act of domestic violence took place. These are two separate proceedings that impact one’s rights differently. One is a criminal matter, and one is a civil family matter.
Contact a Central New Jersey Domestic Violence Attorney Today to Fight for Your Rights
Finding an attorney with experience handling domestic violence cases, restraining orders and their related municipal court matters is important to ensuring that your rights are protected. Steven M. Cytryn is a central New Jersey domestic violence lawyer who is experienced in handling restraining orders and domestic violence matters through trial, if necessary. Contact The Law Office of Steven M. Cytryn, LLC today to learn more about the restraining order process and your rights.
