How to Negotiate a Settlement Agreement in NJ Domestic Violence Cases

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 a negotiated contract between the parties (the plaintiff and the defendant) where certain stipulations are placed on the record. The contract can cover any number of topics the parties want to address, including but not limited to:

• Future communication (by phone, text, email, etc. or not at all)
• Living arrangements (lease agreements, who’s going to live in the home, etc.)
• Child custody and visitation (pick up and drop off, etc.)
• Temporary alimony, child support, paying bills, etc.
• Division of property (personal property, animals, etc.)

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.

In order to enter the agreement, the Plaintiff must drop the initial restraining order. The civil restraints essentially is entered instead 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 plaintiff because of the defendant fails to abide by the civil restraints agreement, he or she can simply file a new temporary restraining order (TRO) and show the court that the defendant clearly can’t stay away from them and they need a restraining order to protect them moving forward. If the trial happens and the restraining order is dismissed, then the Plaintiff has no protection or agreement in place.

The civil agreement is also beneficial to the defendant because the civil restraints does not require the defendant to get fingerprinted and photographed and entered into a statewide database for domestic violence offenders. It also avoids a trial where, if the defendant loses, they are stuck with a permanent restraining order on their record and they could be ordered to pay the Plaintiff’s attorney’s fees as well. Finally, 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.

Morristown Restraining Order Attorneys Near Me

For more information on NJ restraining order laws and civil restraints agreements, contact our Morristown offices now for a free initial consultation at 908-336-5008.