Restraining orders are a tool that is used by law enforcement to keep a person within the boundaries set forth by the law. In many instances, they are issued when a person is deemed to have committed or threatened criminal offenses against another individual (known as “plaintiff”) and has gone about their business as though nothing had happened. In addition, restraining orders are often requested in cases where domestic disputes have led up to physical violence and even death.
A restraining order can be placed on a specific individual (for example, an ex-partner who has been harassing you) or a wide category of people (a local church that has spread false rumors about you). There are two types of restraining orders in New Jersey, and they are temporary restraining orders and final restraining orders. If any of these restraining order has been issued against you, make sure you seek the legal assistance of a New Jersey restraining order defense lawyer immediately. When a restraining order is eventually issued against you, the court must issue an order which will show the specific location where the restraining order will be enforced, as well as the specific prohibitions listed against you.
Temporary Restraining Orders
A temporary restraining order, also known as a “petition to show cause”, is a type of temporary restraining order issued by the court when there is a legitimate concern that violence may occur against another individual. This type of restraining order can be issued ex parte, or without notice to the other party involved. The courts will grant a temporary restraining order if they believe that there is an immediate danger that the plaintiff might be harmed or killed by an irrational aggressor. It will last for up to fifteen days and can be extended for an additional thirty days upon showing good cause (this can occur when more evidence has been gathered).
Final Restraining Orders
Unlike temporary restraining orders, final restraining orders are issued only after a party has received notice from the court and has had a full opportunity to respond. This type of restraining order can be issued by the court for as long as it deems appropriate (usually up to two years) based upon past patterns of violence and intimidation, or may last indefinitely if the person who has committed violence is deemed to present a danger of future violence. Final restraining orders are issued when there is evidence that a party is mentally ill or intoxicated at the time they have threatened another person.