Civil Restraints Agreements in Restraining Order Matters
Morris County Restraining Order Lawyers with offices in Morristown, New Jersey
If you have a restraining order matter in Morris County NJ, there are a number of ways that this type of case can be resolved. One of those ways is known as a civil restraints agreement. A restraining order in New Jersey is permanent and never expires. As a result, if a temporary restraining order (TRO) has been issued against you and you are scheduled for a final restraining order (FRO) hearing, you should contact our experienced Morristown NJ restraining order lawyers now for immediate assistance at 908-336-5008.
We handle domestic violence matters throughout Morris County including in Madison, Roxbury, Randolph, Mendham, and Chatham. The initial consultation is provided at absolutely no cost to you. Our experienced restraining order attorneys have literally handled hundreds of these trials throughout the state and specifically in Morris County. In fact, Mr. Tormey himself has received the clients choice award from AVVO.com for four straight years (2013, 2014, 2015, 2016) and is the highest rated attorney at 10.0 on their site.
Here is a review from one of our many satisfied restraining order clients:
Posted by Maria
“My brother had actually consulted and hired Mr Travis Tormey in regards to a TRO against him. Things got a bit more complicated whereas I needed to contact the law office several times and spoke with Joanne, who was extremely helpful, patient and totally understanding. When I had to speak to Travis I would text him and he would communicate with me in a timely fashion considering he was busy in court or had to wait to hear from his partners, who were also involved in the case. Overall the professionalism and expertise in their field was exceptional. In court they defended my brother with such compassion and dedication to their client. At the conclusion, case was dismissed thanks to both Travis and Tom. They demonstrated their strong capabilities and passion that I feel merit them a five star review. I would definitely recommend this law firm to anyone in need of legal advice or defense.”
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.