In New Jersey, Final Restraining Orders (FROs) are governed by the Prevention of Domestic Violence Act of 1991 (PDVA), codified at N.J. Stat. § 2C:25-17. These orders are designed to protect victims of domestic violence and provide various remedies to ensure their safety and well-being.
Issuance of FROs
A hearing for an FRO must be held within 10 days of the filing of the application. An FRO can only be issued after a court finds, by a preponderance of the evidence, that the defendant committed an act of domestic violence as defined under N.J. Stat. § 2C:25-19. Additionally, the court must determine that the FRO is necessary to protect the victim from future danger or threats of violence.
Relief Provided by FROs
FROs can include a wide range of relief, including, but not limited to, the following:
- Restraining the defendant from further acts of domestic violence and contact with the victim or others
- Awarding exclusive possession of a shared residence to the victim, regardless of ownership or lease status, and requiring the defendant to pay the mortgage or rent if they have a duty to support the victim
- Prohibiting the defendant from purchasing, owning, or possessing firearms and requiring the immediate surrender of any weapons
- Requiring the defendant to pay economic relief, including support payments, attorney's fees, and damages for pain and suffering
- Entering temporary custody and parenting time orders
- Requiring the defendant to attend professional counseling or undergo psychiatric evaluation
Permanence of FROs in New Jersey
FROs in New Jersey are indefinite and remain in effect permanently unless modified or dissolved by a court upon a showing of good cause. The burden is on the party seeking modification or dissolution to demonstrate substantial changes in circumstances.
This indefinite nature is unique to New Jersey and may create challenges when registering the order in other states, which often impose time limits on restraining orders.
Civil v. Criminal Nature of FROs in New Jersey
FROs in New Jersey are civil in nature, as the proceedings for obtaining an FRO are conducted in the Family Part of the Chancery Division of the Superior Court. However, they are closely entangled with criminal law due to the conduct they regulate and the consequences of their violation. While the issuance of an FRO is a civil proceeding, violations of FROs are treated as criminal offenses under certain circumstances.
Enforcement and Violations
A defendant who purposely or knowingly violates the injunctive provisions of an FRO (i.e., avoiding victim contact) may be charged with contempt, which is a fourth-degree crime if the conduct constituting the violation also constitutes a crime or disorderly persons offense. N.J. Stat. § 2C:29-9. For violations of non-injunctive provisions of FROs (for example, non-payment of compensatory damages), civil sanctions may apply instead.
Summary
In summary, FROs in New Jersey provide comprehensive protections for victims of domestic violence, offering both injunctive and economic relief. Their indefinite duration underscores New Jersey's strong policy against domestic violence, ensuring ongoing protection for victims. If you are a victim of domestic violence and are seeking an FRO, or if you have been served with an FRO, contact Mongiardo Law Group today at 973-298-4557 or online to schedule a free consultation to discuss your situation with one of our experienced attorneys.
