A restraining order is meant to protect someone from danger. This danger usually comes from another known individual who lives in the same house as the petitioner. Since a restraining order provides immediate protection to the petitioner, the court does not ask for much evidence before issuing a temporary order. A temporary restraining order only lasts for about ten days.
However, after those ten days, a final restraining order hearing is held, which decides whether a permanent order should be issued. A permanent restraining order in NJ lasts for a lifetime and can have adverse implications. Preparing yourself for the hearing and working with an attorney to protect your rights is important. Check with njcriminaldefensellc.com.
What are the effects of a restraining order in New Jersey?
Restraining orders are also known as protective orders. These orders essentially protect the petitioner from a certain individual by prohibiting the defendant from contacting or communicating with the plaintiff.
There are two types of restraining orders in New jersey– temporary and permanent. However, if you have received restraining order papers against you, you are legally obligated to follow them regardless of whether it is temporary or permanent.
A restraining order in New Jersey can impose the following rules:
- Revoke custody of children.
- Prohibit you from visiting some places.
- Prohibit you from contacting a certain individual or anyone related to them or others who might feel they are in danger because of you.
- Forbid you from purchasing, possessing, or using weapons.
- Revoke the ownership of your property.
- Prohibit you from being within a certain proximity of the petitioner.
- Impose financial obligations such as alimony or child custody.
Where do final restraining order hearings take place?
Final restraining order (FRO) hearings occur in the same county where the TRO request was filed. The location may be changed if there is a valid reason to do so.
What happens at the hearing?
During the hearing, the burden of proof rests with the plaintiff, who must prove that the violence has “more than likely” occurred. Similarly, the defendant can challenge the other party’s claims and present their own evidence.
Depending on the facts of the hearing, the judge decides whether a permanent restraining order should be issued.
What happens when one of the parties fails to appear at the FRO hearing?
If the plaintiff fails to appear at the FRO hearing, the judge may take one of the following steps:
- Dismiss the FRO request
- Approve the FRO request
- Reschedule the hearing
If only the defendant fails to appear, the judge may also issue a permanent restraining order.