Restraining Order Lawyer New Jersey, NJ
A restraining order is a court order that prohibits contact between two people. In New Jersey, the Prevention of Domestic Violence Act ( et seq.) allows a person who has experienced domestic violence to seek a temporary restraining order (TRO) and, after a hearing, a final restraining order (FRO). When a final restraining order is in place, any contact with the protected person can result in criminal charges for contempt of a domestic violence order under . A violation is a crime of the fourth degree in most cases, carrying up to 18 months in state prison and a fine of up to $10,000. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Mr. Sris and the firm’s Of Counsel attorneys represent individuals throughout New Jersey who are accused of violating a restraining order or who face allegations that may lead to one. The consequences of a conviction extend beyond incarceration—a final restraining order can affect child custody, firearm rights, and employment. The firm works to protect the rights of those facing these serious allegations. Reach Law Offices Of SRIS, P.C. at (888) 437-7747 to request a consultation.
What Restraining Orders Mean in New Jersey
Under New Jersey law, a person who believes they are a victim of domestic violence may file a complaint in the Family Division of the Superior Court. Domestic violence is defined in and includes acts such as assault, harassment, criminal mischief, and stalking, among others, when committed against a spouse, former spouse, dating partner, household member, or person with a child in common.
The court may issue a temporary restraining order (TRO) based on the complaint alone, often without the accused present. A TRO provides immediate protections, such as barring the alleged abuser from the residence and granting temporary custody. Within 10 days, the court holds a hearing on whether to issue a final restraining order (FRO). At that hearing, both sides may present evidence and witnesses. The standard of proof is a preponderance of the evidence. If an FRO is granted, it is permanent unless the protected person or the restrained person successfully petitions the court to dissolve it.
A violation of an FRO, whether temporary or final, is a criminal offense. Makes it a crime of the fourth degree to knowingly violate any provision of a domestic violence restraining order. If the violation involves an act that would otherwise constitute a crime or offense, the State may prosecute the underlying act as a separate criminal charge. The representation of individuals facing these allegations requires an understanding of both family court procedures and criminal defense strategy.
How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Restraining Order Cases
When a client contacts the firm after being served with a restraining order, the first step is to review the allegations and the evidence. The firm analyzes whether the alleged conduct meets the definition of domestic violence under New Jersey law. If it does not, the firm may move to dismiss the complaint. If the allegations involve a criminal charge, the defense strategy addresses both the restraining order and any parallel criminal proceeding.
The firm’s attorneys appear in Superior Court, Family Division, throughout New Jersey, including in Bergen, Essex, Hudson, Monmouth, Morris, and Union counties, among others. They have experience with the procedural requirements of the Prevention of Domestic Violence Act and the interplay between family court orders and the criminal justice system. The firm works to prepare a thorough defense, including gathering evidence, interviewing witnesses, and, when appropriate, negotiating with the prosecutor or the complainant’s attorney. The goal is to protect the client’s record, freedom, and future.
About Mr. Sris and the Firm’s Of Counsel Attorneys
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who founded the firm in 1997. He is admitted to practice in New Jersey, New York, Virginia, Maryland, and the District of Columbia. His background as a prosecutor gives him insight into how the State builds its case. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova).
The firm’s Of Counsel attorneys bring extensive combined legal experience. They are independent, non-employee attorneys who work with Mr. Sris on a wide range of criminal and family law matters. Together, Mr. Sris and the firm’s Of Counsel attorneys have handled many cases across New Jersey. Results may vary.
Frequently Asked Questions
What is a temporary restraining order (TRO) in New Jersey?
A temporary restraining order is an emergency court order issued to protect an alleged victim of domestic violence until a full hearing can be held. A judge may grant a TRO based on a sworn complaint without the accused being present. The TRO can order the alleged abuser to leave the shared residence, prohibit all contact, and grant temporary custody of children. A final restraining order hearing must be held within 10 days.
Can a final restraining order be dismissed in New Jersey?
Yes, a final restraining order can be dissolved if the protected person or the restrained person petitions the court and proves that circumstances have changed. The court applies the standard set forth in Carfagno v. Carfagno, considering factors such as whether the parties have reconciled, whether the protected person consents to the dismissal, and whether there is a continuing need for the order. An experienced attorney can help prepare the petition and present evidence at the hearing.
What are the penalties for violating a restraining order in New Jersey?
Violating a temporary or final restraining order is a crime of the fourth degree, punishable by up to 18 months in state prison and a fine of up to $10,000. If the violation involves an act that is a separate crime—such as assault—the State may file additional charges. A conviction for contempt of a domestic violence order can have lasting consequences, including a criminal record and firearm restrictions under federal law.
Do I need a lawyer for a restraining order hearing in New Jersey?
While you are not required to have an attorney, the consequences of a final restraining order are so serious that legal representation is strongly recommended. A final restraining order can affect child custody, parenting time, your ability to possess firearms, and your immigration status. An experienced attorney can cross-examine witnesses, challenge evidence, and argue that the statutory requirements have not been met.
How does a restraining order affect child custody in New Jersey?
A final restraining order includes provisions for custody and parenting time, which the court determines based on the best interests of the child. The judge may grant temporary custody to the protected parent and order supervised visitation or suspend parenting time if the court finds that the child’s safety is at risk. These custody orders can remain in place indefinitely unless modified by a later court order.
What should I do if I am arrested for violating a restraining order?
If you are arrested for contempt of a domestic violence order, you should exercise your right to remain silent and ask to speak with an attorney before answering any questions. A conviction can lead to jail time, a criminal record, and additional restrictions. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 to request a consultation. The firm can assess the charges and begin building a defense.
If you need a criminal defense attorney for a restraining order matter in Hunterdon County, criminal defense lawyer in Hunterdon County is available. The firm also represents clients in Somerset County and Morris County.
For additional information about New Jersey domestic violence laws, visit the New Jersey Courts Domestic Violence page. The text of the Prevention of Domestic Violence Act can be reviewed at the New Jersey Legislature website.
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Case results depend on a variety of factors unique to each case.