What can you do after receiving a temporary restraining order?
Most people fight with their spouse or partner on occasion. Usually these disputes are verbal and resolve as quick as they started. Yet, your spouse or partner may have accused you of harming them during a disagreement. And in the aftermath, they may have filed and received a temporary restraining order against you. Whether you committed the act in question or not, it’s important to understand the impact their order could have.
The function of temporary restraining orders
Temporary restraining orders protect victims of domestic violence from their assailant. These orders exist to reduce the likelihood of further harm. Yet, upon receiving one, you may fear how it will affect your life and relationships. While temporary restraining orders last for a limited time, they prohibit you from certain actions, such as:
- Returning the scene of the alleged incident
- Returning to the home you share with your accuser
- Contacting your accuser or any children you share
- Possessing any pet that you share with your accuser
- Possessing a firearm
Making your case
Once a temporary restraining order is issued in New Jersey, a hearing for a final restraining order will occur within 10 days. This hearing will happen in the state’s Superior Court, and you must attend it if you want to argue for the order’s dismissal. You will need to collect any evidence that could support your position, as well as call upon any witnesses who can corroborate your claims. Failing to attend the hearing could lead to a default judgment, which will likely be the issue of a final restraining order. Unlike a temporary restraining order, these do not expire and can last for a lifetime.
Temporary restraining orders can lead to final restraining orders, and you will want to avoid the consequences these carry. An attorney with criminal defense experience can help you fight against the possible penalties a final order could cause.
