• K. Garcia

Navigating the Domestic Violence Process in New Jersey: TRO & FRO



Different Types of Domestic Violence

Domestic Violence can occur in different forms such as:

- Physical Abuse

- Emotional Abuse

- Sexual Abuse

- Psychological Abuse

Temporary Restraining Orders: How Do I Get One?

If you are a victim of domestic violence and need help, you can obtain a temporary restraining order protecting you from your abuser.

In order to obtain a temporary restraining order (TRO), you will have to go to your local Domestic Violence Unit in the Family Division at your County’s Courthouse or your local police station.

Once you arrive at either location, let either the clerk or police know that you want to file a complaint and obtain a TRO against your abuser.

Paperwork detailing your abuse will need to be filled out in order to speak with a judge or domestic violence hearing officer. Once you have spoken to either and your case has been heard, the judge or domestic violence hearing officer will then decide whether a TRO should be issued.

If the judge decides to issue the TRO, the police will then have the authority to remove the abuser from your household to further protect you.

Final Restraining Orders: What You Should Know

Ten (10) days after issuing the TRO, you and your abuser would be ordered to appear at a final restraining order (FRO) hearing to testify under oath. The FRO hearing is an actual trial where litigants will be expected to follow the New Jersey Court Rules of Evidence. Here, a final restraining order against your abuser can be issued which is a permanent replacement of a TRO.

In order for a judge to issue the FRO, the judge must find all of the following:

- Parties have a qualified domestic relationship under the Domestic Violence Act

- The defendant committed an act of domestic violence

- The judge sees that there is a need of restraint in order to prevent future domestic violence.

TROs and FROs can provide different types of protection from your abuser such as:

- Temporary possession of personal property

- Temporary custody of minors

- Protection from future violence

- No contact or harassment between you and the abuser

- Financial support

If an FRO is issued, the defendant will be fingerprinted and photographed and put into the Domestic Violence Registry in the State of New Jersey. The defendant will also not be permitted to legally own a firearm and be issued a fine between $50 to $500.

HOW CAN WE HELP?

Obtaining a restraining order can be complicated and stressful. Although, the process can be done individually, we recommend you contact one of our competent and experienced lawyers to help you with the process. We represent plaintiffs and defendants alike. To schedule a consultation, contact Garcia Law through our website or call (201) 340-2899.



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