Civil Restraints in NJ Restraining Order Matters

Middlesex County Restraining Order Lawyers handling matters in New Brunswick, New Jersey

NJ Domestic Violence Lawyers

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:

“What can I say that hasn’t already been driven home in all of the other reviews about Travis. I’m a young professional and was served a vindicative Temp. Restraining Order from an Ex. As someone who has never been involved with law or the courts, I was understandably pretty nervous regardless, considering this is something that could appear on a background check for future employment. As soon as I met with Travis all those nerves and fears drifted away. Travis was able to successfully get the TRO dismissed without even going to a trial, and i am truly thankful for Travis and his confidence and savviness when it pertains to the law. Will reccomend him to anyone who requires a knowledgable and down to earth Attorney.”

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.

Contact the Middlesex County Domestic Violence 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.