When a Temporary Restraining Order (TRO) is issued, the judge will also set a date for a Final Restraining Order (FRO) hearing, usually within 10 days of the initial order. This hearing is critical to both parties involved. It can provide a variety of legal and enforceable protections for victims of domestic violence and abuse, but it also limits the rights and freedoms of the accused party. If you are facing a Final Restraining Order, you need a team of competent attorneys in your corner.
Critically, Final Restraining Orders in New Jersey are permanent. They can only be revoked if a dismissal is requested by either party and ultimately granted. However, this process can often be extremely difficult for both parties. In most cases, if a Final Restraining Order is issued, you should expect it to last.
If you have been granted a Temporary Restraining Order against an abuser, or a TRO has been issued against you, it is highly recommended that you seek experienced legal representation before your Final Restraining Order hearing. As FROs tend to be permanent orders with lifelong and serious implications, having an experienced restraining order attorney on your side can help ensure your unique needs and concerns are properly addressed. At The Law Office of Townsend, Tomaio, Newmark & Clancy, our family law attorneys have extensive experience helping clients favorably resolve Final Restraining Order hearings across Morris County.
Contact our firm today to discuss your final restraining order hearing, or the process for dismissing an order, in a free and confidential consultation.
Understanding Final Restraining Order Hearings
The standard of evidence is much higher during Final Restraining Order hearings than it is when the initial Temporary Restraining order is sought. As noted on our TRO page, the burden of proof for securing a TRO is designed to be much lower to allow victims of domestic violence and abuse to secure immediate protection without worrying about providing hard evidence. However, hard proof of violence and abuse will be required during the FRO hearing in order to extend the TRO beyond this point.
Requirements for Issuing an FRO
In order for a judge to issue a Final Restraining Order, they must find the following three elements to be true:
- Qualified Domestic Relationship: The plaintiff and the defendant have a relationship as defined by the Prevention of Domestic Violence Act. This includes married partners, romantic or platonic cohabitants, former romantic partners living apart, or individuals who have a child in common.
- Predicate Act: The accused party committed a predicate act of domestic violence, a list of which you can see here.
- Immediate Need for Restraint: There is an immediate need for legal restraints to prevent further acts of domestic violence.
During the FRO hearing, both parties may need to testify. Witnesses will be interviewed, police and medical records will be examined, and all other relevant evidence will be presented. Because this process requires thorough examination and cross-examination, having legal representation is essential for proving or contesting evidence effectively.
Protections and Consequences in Morris County
FROs offer many of the same protections as a TRO, but with the critical difference of permanence. While the exact terms of your FRO may differ from those outlined in your initial TRO, the protections provided typically include:
- Prohibiting all contact and harassment between the defendant and the plaintiff.
- Prohibiting contact between the defendant and the family, children, or employer of the plaintiff.
Additional Financial and Parental Mandates
Beyond basic no-contact provisions, Final Restraining Orders may also require:
- The defendant to provide temporary financial support to the plaintiff, including rent or mortgage payments.
- The defendant to reimburse the plaintiff for financial losses such as attorney’s fees.
- The temporary possession by the plaintiff of private property, such as a shared home (meaning the defendant may be required to vacate, even if they are the titled owner).
- Temporary or permanent modifications to child visitation or child custody orders, including suspension of visitation.
- The defendant to attend drug/alcohol counseling, or violence and anger management counseling.
Long-Term Consequences for the Defendant
If an FRO is issued, the consequences for the defendant are severe and long-lasting:
- Prohibition of legal firearm possession.
- Registration in the National Domestic Violence Registry, accessible by law enforcement and Family Court personnel.
- Difficulty obtaining employment in law enforcement or corrections.
- Negative impact on child custody or parenting time in any future divorce proceedings.
The Process for Dismissing a Final Restraining Order
While an FRO is permanent in New Jersey, it can be vacated by either the victim or the aggressor if certain stringent requirements are met. Dismissals are only granted after very careful consideration by a family law court.
Requests Made by the Aggressor
In order for “the aggressor” to secure a dismissal, they must demonstrate three key elements:
- There is good cause for the order to be dismissed.
- The circumstances between the parties have changed significantly so that a restraining order is no longer necessary.
- A transcript of the initial FRO court appearance must be provided to the court.
Requests Made by the Victim
It is also possible for the victim to request a dismissal. The court will typically require the victim to speak with an official to ensure the request is voluntary and not made under duress. The victim must demonstrate an understanding of the domestic violence cycle and the consequences of removing the order. This process involves filling out a “Certification to Dissolve a Restraining Order” and speaking with a judge.
Contact Our Mendham Final Restraining Order Lawyers Today
At Townsend, Tomaio, Newmark & Clancy, our final restraining order attorneys have extensive experience handling domestic violence matters and providing effective representation during FRO hearings. By practicing exclusively family law, our firm focuses on the issues most important to you and your family.
To speak with our firm today in a free and confidential consultation regarding your Final Restraining Order hearing, please contact our attorneys online, or call our Morris County, NJ office at (973) 840-8970.
