What to Do When a Temporary Restraining Order Is Entered Against You

Many associate the term “restraining order” with sensationalized depictions in television shows and movies, but having a restraining order placed against you can come with very real consequences. When a domestic violence restraining order is entered against you, it can have impacts that may follow you for the rest of your life. 

If you are unsure what to do after a Temporary Restraining Order has been entered against you, here are some key facts to remember and the first steps you need to take. 

Temporary Restraining Orders in New Jersey

To understand your options in cases involving a restraining order, it’s helpful to understand what restraining orders are and why they are used. 

Broadly speaking, restraining orders are granted in cases of domestic violence, as well as in cases of sexual assault or other criminal actions against an individual. To request a restraining order, the plaintiff (the victim of the alleged abuse) fills out a form with assistance from a court clerk to document: 

• How the alleged abuser endangered the plaintiff’s health, safety, or well-being 
• The type, date, and location of the act of domestic violence 
• The existence of a police report, if available

If the judge reviews the information and decides to enter a Temporary Restraining Order, the plaintiff and the defendant will attend a Final Restraining Order (FRO) hearing in about ten days. At the hearing, the judge will determine whether there is enough evidence to justify replacing the Temporary Restraining Order with a permanent Final Restraining Order.

Temporary Restraining Order (TRO) vs Final Restraining Order (FRO)

Temporary Restraining Order (TRO)	Final Restraining Order (FRO)	Both Types of Orders
Lasts until the Final Restraining Order hearing, at which point a judge will evaluate the evidence in more detail	Does not expire	Go into immediate effect when the judge enters the order
		Restrict the defendant’s right to contact the plaintiff
		Ban the defendant from owning or possessing firearms
		Can be appealed

What happens when a Temporary Restraining Order (TRO) is placed against you?

The police will serve you with the Temporary Restraining Order (TRO) in person, along with a hearing date. You must comply with the order immediately.

If you live with the plaintiff, you must willingly vacate the premises. If you refuse to cooperate or leave the home, the police will arrest you (however, an officer may escort you to the residence to collect some of your belongings if you are not at the residence when the police serve the Temporary Restraining Order).

Because the court enters domestic violence restraining orders for the plaintiffs’ safety, an officer will search you and your belongings for weapons. If there are any weapons in your possession, they will be seized. 

Finally, if you share any children with the plaintiff, you must adhere to the temporary plan for child custody, child support, and parenting time (visitation).

What to do when a Temporary Restraining Order (TRO) is entered against you

The court system expedites hearings for this type of order, so find a lawyer as soon as possible. Even if you believe that the Temporary Restraining Order is unfair, follow all of the restrictions within it. 

Depending on the accusations and the judge’s discretion, the Temporary Restraining Order might specify that: 

• You may not go near the plaintiff’s residence, place of employment, or other significant locations.
• You shall not commit additional acts of domestic violence.
• You cannot have any contact (including oral, written, personal, or electronic contact) with any individual listed in the Temporary Restraining Order.
• You shall not stalk, threaten, or follow the individuals listed in the Temporary Restraining Order.
• You must pay child support, spousal support, or provide emergency funds to the plaintiff. 
• You must attend any ordered substance abuse counseling or psychological evaluations. 
• You may not possess or own a firearm. 

The TRO may also grant the plaintiff temporary possession of your residence, temporary child custody, spousal or child support, medical coverages, and/or damages as deemed appropriate by the judge.

Understandably, you may feel angered or distressed about these invasive restrictions, especially if you believe that the Temporary Restraining Order was wrongfully issued. Although the situation is frustrating, the degree to which you comply with the Temporary Restraining Order will directly impact what happens next.  

Try to remember that the order is temporary. You will have an opportunity to present your side of the story in court on the hearing date. When you do, you will want a capable criminal defense lawyer by your side. 

Consequences of violating a restraining order

If someone alleges that you have violated this type of order, you will be arrested, even if the “violation” is texting the plaintiff. The punishment for a second violation is a mandatory 30 days in jail.

In New Jersey, a restraining order is considered a civil action, but violating a restraining order—whether temporary or final—is a criminal offense that shows up on both standard and criminal background checks. This could negatively impact your career prospects, ability to obtain a lease, and personal life. If you are an immigrant, violating a restraining order may also lead to your deportation. 

If the plaintiff has a change of heart and wishes to reconcile and you agree to the reconciliation, the plaintiff should file a motion with the court to have the restraining order dissolved. 

Do not resume contact while a Temporary Restraining Order is in effect. Even if contact with the plaintiff is consensual, you can still be charged with criminal contempt of a court order for violating a restraining order.

What to expect at your Final Restraining Order (FRO) hearing

Typically, the Final Restraining Order hearing is held within ten days once the judge enters the Temporary Restraining Order. 

At the hearing, the plaintiff or their attorney will present evidence such as: 

• Witnesses
• Photos of injuries and property damage
• Medical documents
• Receipts related to property damage
• Financial information to justify a request for housing expenses, spousal support, or child support

Even if you do not appear, the judge may still enter a Final Restraining Order against you based on the evidence the plaintiff presents. If you appear at the hearing, you will have the opportunity to present your side of the story, along with any other evidence that shows you are not a threat to the plaintiff.

Potential outcomes 

The Final Restraining Order hearing will end in one of three ways: 

1. The Temporary Restraining Order (TRO) is dismissed. 

The judge determines there is not sufficient evidence to enter a Final Restraining Order against you. 

2. The Temporary Restraining Order (TRO) is extended.

The judge may extend the TRO in some situations, such as if the plaintiff or defendant requests another hearing date. 

3. The Temporary Restraining Order (TRO) is replaced with a Final Restraining Order (FRO). 

This is the least desirable outcome. If the Temporary Restraining Order is replaced with a Final Restraining Order, you will be fined up to $500, fingerprinted, and photographed. You will be permanently barred from possessing or owning weapons in the state of New Jersey. 

In addition, a Final Restraining Order will affect child custody, child support, and visitation matters. The plaintiff will provide a copy of the court order to their employer, daycare centers, your child’s school, and any other places of significance. 

You will also be listed on the Domestic Violence Central Registry. A Final Restraining Order does not show up on a standard background check, but the Domestic Violence Registry is available to the public and searchable. You do not have to be convicted of a domestic violence crime to be listed on the registry, even though being listed could potentially damage your reputation, job prospects, or ability to secure a lease. 

The good news is that the requirements for replacing a Temporary Restraining Order (TRO) with a Final Restraining Order (FRO) are strict. To replace the Temporary Restraining Order with a Final Restraining Order, the judge must find that: 

• You and the plaintiff share a qualified domestic relationship
• You committed an act of domestic violence 
• An immediate order is necessary to prevent you from committing further acts of domestic violence  

This is why it is important to find an attorney who is reliable, deeply knowledgeable, and sensitive to the detrimental impacts of domestic violence restraining orders. 

Can you appeal a Temporary Restraining Order? 

Your attorney can file a motion to request an appeal to a Temporary Restraining Order. If granted, you will attend a plenary hearing, during which an appellate panel will review submissions from your attorney to determine whether the Temporary Restraining Order was properly issued. 

The judge may modify or dissolve the Temporary Restraining Order at this time. 

If the request for an appeal is not granted, the Final Restraining Order hearing will proceed as originally scheduled. You and your attorney will still have an opportunity to file a motion to have the Temporary Restraining Order modified or dissolved. 

If you have had Temporary Restraining Order entered against you, speak with an experienced attorney today

The moment you discover that a Temporary Restraining Order has been entered against you, you should take action to find legal representation. 

Time is of the essence in these cases. Ten days is not much time to request an appeal and prepare a thorough defense, but the outcome of the court hearing holds the potential to impact the rest of your life. 

The family law attorneys at Dughi, Hewit, and Domalewski have argued cases for and against Final Restraining Orders with success. We understand the high stakes and emotional grief that often accompany these cases and are invested in finding a fair resolution that impacts your future career, relationship with your children, or financial wellbeing as little as possible. 

We possess a deep knowledge of effective strategies for getting Temporary Restraining Orders dissolved and want to help you understand the options available to you. If you have had a Temporary Restraining Order entered against you and are wondering what your next steps should be, contact us today to request a consultation.