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Temporary & Final Restraining Orders In NJ


If a final restraining order is entered against you the judge must grant any relief necessary to prevent further abuse.

A judge in a domestic violence proceeding may issue an order granting any or all of the following relief:

No Contact
(a) Restrain the defendant from subjecting the victim to domestic violence;
(b) Restrain the defendant from “entering the residence, property, school, or place of employment of the victim or of other family or household members of the victim and requiring the defendant to stay away from any specified place that is named in the order and is frequented regularly by the victim or other family or household members.”
(c) Restrain the defendant from making contact with the plaintiff or others, including an order forbidding the defendant from personally or through an agent initiating any communication likely to cause annoyance or alarm including, but not limited to, personal, written, or telephone contact with the victim or other family members, or their employers, employees, or fellow workers, or others with whom communication would be likely to cause annoyance or alarm to the victim.
(d) Prohibit the defendant from stalking or following, or threatening to harm, to stalk or to follow, the complainant or any other person named in the order in a manner that, taken in the context of past actions of the defendant, would put the complainant in reasonable fear that the defendant would cause the death or injury of the complainant or any other person.

Behavior prohibited under this act includes, but is not limited to, behavior prohibited under the provisions of [N.J.S.A. 2C:12–10.]

You may have to move out of your place of residence
(a) Exclusive Possession.
Granting exclusive possession to the plaintiff of the residence or household regardless of whether the residence or household is jointly or solely owned by the parties or jointly or solely leased by the parties. This order shall not in any manner affect title or interest to any real property held by either party or both jointly. If it is not possible for the victim to remain in the residence, the court may order the defendant to pay the victim’s rent at a residence other than the one previously shared by the parties if the defendant is found to have a duty to support the victim and the victim requires alternative housing.
(b) Payments of Housing Costs.
You may have to “make or continue to make rent or mortgage payments on the residence occupied by the victim if the defendant is found to have a duty to support the victim or other dependent household members; provided that this issue has not been resolved or is not being litigated between the parties in another action.”

Child Custody and Visitation
(a) Custody.
Award temporary custody of a minor child. “The court shall presume that the best interests of the child are served by an award of custody to the non-abusive parent.”
(b) Parenting Time.
Provide for parenting time.
The order shall protect the safety and well-being of the plaintiff and minor children and shall specify the place and frequency of the parenting time. Parenting time arrangements shall not compromise any other remedy provided by the court by requiring or encouraging contact between the plaintiff and defendant. Orders for parenting time may include a designation of a place of parenting time away from the plaintiff, the participation of a third party, or supervised parenting time.
(c) Suspend Parenting Time.
“The court shall consider suspension of the parenting time order and hold an emergency hearing upon an application made by the plaintiff certifying under oath that the defendant’s access to the child pursuant to the parenting time order has threatened the safety and well-being of the child.”

Compensation
You may have to pay the victim monetary compensation for losses suffered as a direct result of the act of domestic violence. The order may require the defendant to pay the victim directly, to reimburse the Violent Crimes Compensation Board for any and all compensation paid by the Violent Crimes Compensation Board directly to or on behalf of the victim, and may require that the defendant reimburse any parties that may have compensated the victim, as the court may determine.

Compensatory losses shall include, but not be limited to:

  • loss of earnings or other support, including child or spousal support,
  • out-of-pocket losses for injuries sustained,
  • cost of repair or replacement of real or personal property damaged or destroyed or taken by the defendant,
  • cost of counseling for the victim,
  • moving or other travel expenses,
  • reasonable attorney’s fees,
  • court costs, and compensation for pain and suffering. 

Personal Property
(a) Possession.
The judge may grant either party “temporary possession of the specified personal property, such as an automobile, checkbook, documentation of health insurance, an identification document, a key, and other personal effects.”
(b) Supervised Removal.
Require that “a law enforcement officer accompany either party to the residence or any shared business premises to supervise the removal of personal belongings in order to ensure the personal safety of the plaintiff when a restraining order has been issued. This order shall be restricted in duration.”

No Firearms
You will be prohibited from possessing any firearm or other weapon enumerated in subsection r. of N.J.S.A. 2C:39–1 and ordering the search for and seizure of any such weapon at any location where the judge has reasonable cause to believe the weapon is located.

 

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