A Final Restraining Order (FRO) in New Jersey is very serious and has significant legal consequences. Unlike in some other states where restraining orders expire after a set period, a New Jersey FRO is permanent. The implications of a FRO can affect numerous aspects of a person’s life, from legal restrictions to personal and professional ramifications.
Legal Consequences
- Permanent
- A FRO in New Jesey is permanent. Once issued, it does not expire and remains in effect indefinitely. (In rare cases, the restrained party can file a motion to dissolve the FRO, but it is a very difficult burden.)
- Inclusion in Domestic Violence Registry
- New Jersey maintains a Domestic Violence Central Registry, which includes individuals with a Final Restraining Order against them. This registry is accessible by law enforcement and the courts, and being listed can affect legal proceedings, background checks, and future interactions with law enforcement agencies.
- Firearms Prohibition
- Under New Jersey law, individuals subject to a FRO are prohibited from owning, purchasing, or possessing firearms. If the person already owns firearms, they must surrender them to law enforcement. Failure to comply with this provision can result in criminal charges, additional legal penalties, and the potential for extended incarceration.
- Criminal Penalties for Violation
- A violation of a Final Restraining Order is considered a criminal offense under New Jersey law. Specifically, it is classified as a contempt of court, which can lead to arrest, fines, and even jail time. Repeated violations can escalate the penalties, including more severe incarceration periods and additional legal consequences. Even a single text or inadvertent phone call is considered a violation.
Personal Consequences
- Impact on Parental Rights and Child Custody
- A FRO can significantly impact child custody and parenting rights. New Jersey courts prioritize the best interests of the child. One of the many factors a court considers is the history of domestic violence between the parties and the child(ren). A skilled attorney representing the other party will weaponize the FRO against the offender and argue for restrictions on custody or parenting time.
- Employment Challenges
- An FRO can also affect employment opportunities, especially for individuals in certain professions. For instance, those working in law enforcement, security, healthcare, or education may face job termination or difficulties in obtaining future employment. In addition, any job that requires handling firearms or security clearances may be off-limits due to the firearm prohibition associated with a FRO.
- Housing Difficulties
- A Final Restraining Order can also lead to housing challenges. Many landlords conduct background checks on potential tenants, and a FRO could cause a landlord to deny a tenant’s application. In addition, if the offender and the protected party previously lived together, the FRO typically requires the offender to vacate the residence immediately.
- Social Stigma and Relationship Struggles
- There are social consequences of a Final Restraining Order as well. The stigma attached to having a FRO may impact personal relationships, friendships, and community standing. It can be difficult to rebuild trust with family members or friends who may view the FRO as an indication of violent or threatening behavior.
Financial Consequences
- Legal Costs and Court Fees
- The law permits the court to award attorney fees to the victim that must be paid by the offender. These fees can quickly escalate into thousands of dollars. There are also court costs and fines imposed against the offender.
- Employment and Income Loss
- As mentioned earlier, employment opportunities may be limited due to a FRO. Losing a job or struggling to find work can lead to financial instability, making it difficult for the individual to meet their financial obligations, such as rent, mortgage payments, or child support.
Immigration Consequences
For non-citizens, a Final Restraining Order can have serious immigration consequences. While a FRO is a civil order, it can be considered in immigration proceedings, potentially affecting visa renewals, green card applications, and even leading to deportation proceedings, especially if the individual violates the order and faces criminal charges.
Other Consequences
The court has broad discretion to impose other consequences on an offender, including the requirement to attend anger management, psychological evaluations, drug and alcohol counseling and testing/screening. These programs and requirements are expensive and must be paid by the offender. Often, parenting time will be restricted until proof of compliance with these requirements is submitted to the court.
Conclusion
As explained above, a domestic violence case can be complicated and has serious potential consequences. If you are involved in a domestic violence matter, I strongly recommend that you have an experienced attorney represent you. Whether you are the victim or the alleged offender, you need an attorney to advocate for your rights. To learn more about your rights and obligations, call the office to schedule a consultation.
