If you're experiencing domestic violence in New Jersey, a restraining order can provide important legal protection. But not every argument, unpleasant interaction, or bad marriage automatically qualifies someone for a restraining order.
New Jersey has specific requirements concerning who can apply, what conduct can constitute domestic violence, and what must be proven before a Final Restraining Order is entered.
Here's a straightforward overview of how the process works.
New Jersey's Prevention of Domestic Violence Act protects people in certain types of relationships. That can include current or former spouses, people who have lived together as household members, people who have a child together or are expecting a child together, and people who have had a dating relationship.
So you don't necessarily have to be married to someone to seek protection under New Jersey's domestic violence law. The nature of the relationship matters, however, because a domestic violence restraining order isn't available for every dispute between two people.
This is where the analysis becomes more complicated. New Jersey law identifies specific criminal offenses that can constitute what lawyers sometimes call predicate acts of domestic violence.
Those include offenses such as:
There are additional qualifying offenses under the statute as well. The important point is that a restraining-order case generally requires more than saying: "My spouse is emotionally abusive."
The court needs to look at the specific conduct that allegedly occurred and determine whether the legal requirements have been established.
Harassment is one of the allegations that frequently appears in New Jersey domestic violence cases. But harassment has a legal definition.
A spouse being rude, angry, difficult, insulting, or unpleasant doesn't automatically establish harassment under New Jersey law. The court looks at what actually happened, including the nature of the communications or conduct and the circumstances surrounding them. Context can matter considerably.
That's why it's important to focus on the specific behavior, not simply the label you would use to describe your relationship.
If you need immediate protection, the first stage is generally an application for a Temporary Restraining Order, commonly called a TRO.
During court hours, an application can generally be made through the Family Division of the Superior Court. When the Superior Court isn't available, temporary restraints can also be sought through law enforcement and the municipal court process.
If you're in immediate danger, call 911 or your local police department.
When seeking a TRO, you'll be asked to explain what happened and provide information concerning the alleged domestic violence, including relevant prior history. If the court finds a sufficient basis for temporary protection, a TRO can be entered.
The specific restraints depend upon the circumstances of the case. A TRO can potentially prohibit the defendant from contacting the plaintiff or going to certain locations.
Depending upon the circumstances, temporary relief can also address issues involving the residence, children, weapons and other protections the court determines are appropriate.
A TRO is temporary. The next major stage is the hearing concerning whether a Final Restraining Order, or FRO, should be entered.
At the final hearing, both sides have an opportunity to present their positions to the court.
This isn't simply a matter of the judge automatically converting the TRO into a permanent order. The plaintiff has the burden of proving the legal requirements for an FRO.
New Jersey courts generally apply a two-part analysis. First, the court determines whether the plaintiff has proven a qualifying act of domestic violence. Second, the court determines whether a Final Restraining Order is necessary to protect the plaintiff from further abuse.
That second part is important. Proving that something happened between two people doesn't necessarily end the analysis. The court also considers whether final restraints are necessary under the circumstances.
Yes. Domestic violence cases don't necessarily occur in isolation. The court may consider the parties' previous history of domestic violence when evaluating what happened and whether final restraints are necessary.
That history can provide important context. This is one reason someone seeking a restraining order should be prepared to explain not only the most recent incident, but also relevant prior incidents between the parties.
Yes. Both parties can be represented by attorneys in a New Jersey domestic violence proceeding. These cases can have serious consequences for everyone involved, particularly when the parties are also going through a divorce or custody dispute.
If a TRO has been entered against you, don't assume that you should ignore it simply because you disagree with the allegations. Follow the restraints that are currently in place and obtain legal advice about how to respond.
If the court determines that the legal requirements have been established, it can enter a Final Restraining Order containing the protections and restrictions the court determines are appropriate.
Unlike a TRO, an FRO isn't simply a short-term order that automatically disappears after the hearing. That's one reason both sides should take the proceeding seriously.
If you're going through a difficult divorce, you may be angry with your spouse. Your spouse may be controlling. Communication may be terrible. You may have serious disagreements involving money, the children, the house, or the divorce itself.
Those issues don't automatically make a restraining order appropriate.
On the other hand, genuine domestic violence shouldn't be minimized simply because it occurred during a contentious divorce. The focus should be on what actually happened.
Was there assault? Harassment? Stalking? Threats? Property destruction? Another qualifying act? Is protection from further abuse necessary? Those are very different questions from whether your spouse is difficult to live with or difficult to divorce.
Restraining-order cases can move quickly, and the consequences can be significant. If you're seeking protection, be specific about what occurred. Preserve relevant messages, photographs, police reports, medical records or other evidence that may help document the events.
If you've been served with a TRO, read it carefully and comply with it, even if you believe the allegations are false. And in either situation, consider speaking with an attorney who can evaluate the particular facts of your case.
If you're also preparing for separation or divorce and want to better understand the decisions ahead of you, my free Divorce Smarter Course will walk you through the major issues involved in a New Jersey divorce.
Until next time,
Steve