A temporary restraining order (TRO) is as it sounds, meaning that temporarily the person who is the defendant is restrained from contacting the alleged victim of domestic violence. In general terms, a temporary restraining order is in existence until it is either vacated by a court, withdrawn by a court or the alleged victim enters court and tells the judge that he or she no longer needs the restraining order. A final restraining order can only be entered after a hearing before a superior court judge. A final restraining order is again, as it sounds, final.
Here in New Jersey there is no duration of final restraining orders. They exist and last until the victim, the person who the restraining order was granted for, ever goes to court and asks a judge, after a number of questions, to remove the final restraining order. If that doesn’t take place and you have a final restraining order entered against you, it is as it says, final and lasts forever. Prior to going for a final restraining order hearing, it is imperative that you as the victim of domestic violence or you as the defendant in a final restraining order hearing consult and retain an experienced domestic violence attorney. Restraining orders, while not criminal in nature, are very serious in that, if there is ever a violation of either a temporary or final restraining order, it is criminal in nature and the person who violates that restraining order faces time in the county jail. Again, prior to entering court or going to court on a final restraining order hearing, you should consult with an experienced domestic violence attorney in New Jersey to discuss your case.
Keith Hirschorn, P.C., is an experienced criminal defense attorney working throughout the state of New Jersey. If you have any questions regarding the merits, facts or circumstances of your case, call the law office, located in Hoboken, to set up a free initial consultation.