What are civil restraints?

Civil restraints is a potential settlement agreement to resolve a restraining order in NJ

If you have been served with a temporary restraining order, there are a few different possible ways the case will go: dismissal by the plaintiff (voluntarily, without any agreement in place), civil restraints, or a final restraining order trial. A Civil Restraints Agreement or a Consent Order for Civil Restraints acts as a middle ground between outright dismissal of the case by the plaintiff and a final restraining order. Basically, under civil restraints, the parties agree to part ways and no longer contact one another – but there is no mandatory arrest if the defendant violates the agreement, as with a final restraining order. The restraining order attorneys at the Tormey Law Firm have negotiated countless civil restraints agreements for both plaintiffs and defendants and if you are involved in a restraining order matter, they are ready to help you with resolving your case.

Here is a five star review from one of our many satisfied restraining order clients:

“I contacted many attorneys regarding my TRO case, and every single person I spoke with highly recommended The Tormey Law Firm and now I completely understand why.

From the very beginning, Alyssa was incredible. She walked me through the entire process, was extremely responsive, and always made herself available. She always took the time to answer every question thoroughly and thoughtfully, which immediately put me at ease during a very stressful situation.

I was ultimately paired with Jeff Skiendziul, and I cannot say enough great things about him. Jeff is exceptionally knowledgeable, well prepared, and clearly very well respected and well known in the courtroom. His familiarity with the court system, the judges, and the law made a tremendous difference in my case. No matter the time of day, Jeff would review my texts within minutes and always returned my calls promptly. I always felt heard, supported, and confident that my case was in the best possible hands.

Jeff guided me through an incredibly stressful process with professionalism, confidence, and compassion, and he ultimately achieved the best possible outcome.

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For a free initial consultation, contact the Tormey Law Firm at (908)-336-5008.

What is a civil restraints agreement?

A Consent Order for Civil Restraints requires both the plaintiff and defendant to knowingly, willfully, and voluntarily agree to cease contact with one another. In fact, for the court to accept a civil restraints agreement, the plaintiff and defendant will be sworn and testify before the judge that they want to proceed with the civil restraints. In addition, the plaintiff will technically dismiss the temporary restraining order to effectuate the civil restraints. Before dismissing the temporary restraining order, the plaintiff will review and sign documents that explain what it means to dismiss a restraining order and outline the cycle of domestic violence. During the civil restraints hearing, the plaintiff and defendant will also be asked if they signed and fully understand the agreement. Then, if and only if the judge is satisfied that both parties understand the agreement and that they are entering the agreement knowingly and voluntarily will the court accept the civil restraints and drop the temporary restraining order.

In addition to establishing an agreement between the plaintiff and defendant to have no contact, civil restraint agreements can also touch upon issues of child custody, child visitation, access to finances and possession of property. In fact, if there is a previous judgment of divorce or pending divorce action, the agreement will be incorporated into the existing “FM” docket associated with the divorce matter. Likewise, if there is an existing child custody or visitation matter being litigated under an “FD” docket, the civil restraints will be filed under that docket number. Accordingly, the provisions of the agreement can be enforced by the judge who presides over the matrimonial or custody case. However, sometimes the parties to a restraining order case were never married nor have children together. In those cases, the civil restraints agreement cannot be incorporated into any existing docket and, accordingly, the Consent Order for Civil Restraints will essentially be a contract between the plaintiff and defendant.

Generally, a violation of a civil restraints agreement would not result in an arrest unless the act in itself constitutes a crime. For example, if one of the parties violates the civil restraints by harassing, stalking, or assaulting the other party, then there would most likely be an arrest associated with the violation.   Regardless of the nature of the violation, if the defendant violates the civil restraints, then the plaintiff would have grounds to obtain another temporary restraining order. No matter which side of a domestic violence case you are on, civil restraints may be the best way to resolve your case because taking a case to trial never guarantees a certain outcome. If you are involved with a restraining order matter, the experienced domestic violence attorneys at the Tormey Law Firm are ready to apply their expertise to your case and assist you with negotiating your civil restraints agreement.

Frequently Asked Questions (FAQ) Regarding Civil Restraints in NJ

FAQ: Do both parties have to agree to civil restraints?

Yes, both the plaintiff and defendant must agree to the civil restraints agreement, essentially a binding contract between the parties. If one of the parties fails to agree, then there is no agreement and the case will proceed to trial instead.

FAQ: What happens once the civil restraints is agreed to?

Then, the temporary restraining order (TRO) is dismissed in court by the Plaintiff and the civil restraints contract agreement is entered instead.

FAQ: Can things like child support be addressed in civil restraints?

Yes, child support, living arrangements, division of property, child custody and visitation can all be addressed in a civil restraints agreement if applicable.

FAQ: Do both parties need a lawyer to do civil restraints?

No, sometimes one of the parties will be pro se and represent themselves in the civil restraints negotiation and that is perfectly acceptable.

Need a Lawyer to Negotiate Civil Restraints? Contact the DV Lawyers at the Tormey Law Firm LLC

If you or a loved one needs assistance with a domestic violence restraining order matter, contact our attorneys now for immediate assistance at (908)-336-5008. The initial consultation is always provided free of charge.