In New Jersey, when there have been allegations of domestic violence, it is customary for the court to issue a restraining order/order of protection. That order will place limits on the actions of the named party, typically preventing him or her from contacting or coming within a certain distance of another person (the purported victim of the domestic violence). The court will typically issue a temporary restraining order (TRO), in place until the court can hold a hearing. At that hearing, the judge will listen to testimony from both parties and will determine whether to terminate the TRO or to make it permanent as a final restraining order (FRO).
As a rule, the restraining order will prevent or limit all types of contact, including by phone, email, text message, letter or card, gift or physical presence. The order can also make it a violation to attempt to use an intermediary, such as a child or co-worker, to convey a message. In addition, the restraining order can require that the named party do certain things, such as pay mortgage or vehicle payments, maintain health insurance on the victim or file tax returns.
A restraining order is a court order, with the full force and effect of the state. If you fail to comply with the terms of a restraining order, you can be found in contempt of court, a serious criminal offense. A first conviction for contempt can result in 18 months in jail and fines of up to $25,000. Additional penalties can be imposed for subsequent violations of the order.
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