Civil Restraints in Restraining Order Cases
Can I negotiate a settlement with the other party on my restraining order case in NJ?
Sometimes a restraining order matter in NJ does not need to proceed to trial, known as the final restraining order (FRO) hearing, and can be resolved through careful negotiation by way of a civil restraints agreement. This is essentially a consent order between the plaintiff and the defendant which regulates any communication they may have in the future and can also address other issues such as child custody, visitation, property disputes, etc.
If you or a loved one needs assistance with a restraining order matter in New Jersey, you have come to the right place. The New Jersey restraining order attorneys at the Tormey Law Firm LLC have literally handled hundreds of restraining order cases in almost every county in the state including in Dover, Denville, Mount Olive, Parsippany, and Madison. In addition, Mr. Tormey has been featured as a resource on domestic violence and has appeared on CBS radio and been cited in multiple newspapers regarding same.Our attorneys have literally resolved hundreds of cases in NJ through these restraints agreements and are available now to assist you at our Morristown, Newark, or Hackensack offices at (908)-336-5008. You can reach us 24 hours a day, 7 days a week and the initial consultation is always provided free of charge.
Here are several real cases where our NJ restraining order lawyers successfully negotiated civil restraints agreements on behalf of our clients:
- Hackensack NJ Restraining Order Results in Civil Restraints Agreement
- Restraining Order Dismissed Morris County NJ with civil restraints
- Somerville NJ Restraining Order dropped with civil restraints agreement
Here is a review from one of our many satisfied restraining order clients in New Jersey:
Posted by Stanley
“After receiving a Restraining Order by an ex girlfriend accusing me of harassment which was false, I contacted the law firm. They were very professional and help to keep me calm and relaxed. Travis and Chris helped me to get all the information I needed. I was also in the process of obtaining a high level position when this happened and was concerned about it affecting me getting the new job. Chris helped to get the case dismissed as quickly as possible and did an excellent job of keeping me informed. They are a great law firm and would recommend them to anyone.”
Civil Restraints in NJ: What does civil restraints mean?
If you are facing a final restraining order (FRO) in NJ, one of the potential ways to resolve your case is through an agreement known as “civil restraints”. This is essentially a consent order between the parties (the plaintiff and the defendant) where certain stipulations are placed on the record. This agreement can govern contact (if any) and the means of communication (email, text, phone, through third party, etc.). It also can govern issues with children (such as pick up and drop off, visitation, etc.). The consent order can also discuss issues of personal property or anything else the parties deem important that needs to be settled.
This consent agreement will be signed by the parties and their lawyers (if they have them) and then will be presented to the judge for signature. If there is a divorce proceeding or child custody proceeding, this consent order can be docketed under those docket numbers and will be signed by the Judge. However, if there is no divorce or child custody proceeding in place, then the order can not be docketed and the Judge can not sign it. Under these circumstances, it remains a consent order between the parties and the contents of the agreement can still be placed on the record in court.
To enter civil restraints agreement, does the Plaintiff need to drop the restraining order?
In order to enter civil restraints, the Plaintiff has to drop the initial restraining order. The civil restraints essentially is entered in lieu of the restraining order. This is beneficial to the plaintiff because he or she is guaranteed some protection through this agreement and they avoid having to go through the trial on the final restraining order (FRO). It is also beneficial to the defendant because the civil restraints does not require you to get fingerprinted and photographed and entered into a statewide database for domestic violence offenders. Also, if you violate civil restraints you do not get arrested like a restraining order. The other party can petition the court to sanction you for violating the civil restraints agreement.
In order to dismiss the temporary restraining order, the Plaintiff must speak to the domestic violence counselors at the court so they understand the cycle of domestic violence and the Judge can confirm that they are dismissing the restraining order freely and voluntarily. They must confirm that no one is forcing or threatening the Plaintiff to dismiss the restraining order.
If the defendant commits a new act of domestic violence or violates the conditions of the civil restraints agreement, nothing prevents the Plaintiff from filing a new restraining order. He or she can show the Court the prior agreement and that the defendant failed to comply with it so the Court should issue a final restraining order now to protect the Plaintiff moving forward.
Bergen County Civil Restraints Defense Lawyers: The Tormey Law Firm LLC
For additional information regarding a restraining order or civil restraints in NJ, contact the Tormey Law Firm for help. Our attorneys are available immediately to assist you at (908)-336-5008. The initial consultation is always provided free of charge.