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Monmouth County Restraining Order

December 18, 2023

Monmouth County Restraining Order

A restraining order is a court order that prohibits someone from contacting or being near another person. Restraining orders are commonly issued in cases of domestic violence, stalking, harassment, or other threats of harm. In Monmouth County, restraining orders are issued by the Family Division of the Superior Court located in Freehold.

Types of Restraining Orders

There are two main types of restraining orders in New Jersey:

  • Temporary Restraining Order (TRO) – Issued when there is an immediate threat of harm. Goes into effect immediately and lasts until a final hearing (usually 10 days).
  • Final Restraining Order (FRO) – Issued after a hearing where the judge determines there is a continued need for protection. Remains in effect indefinitely unless vacated by the court.

How to Get a Restraining Order

To get a temporary restraining order in Monmouth County:

  1. File a complaint at the Family Division Courthouse in Freehold or at your local police department after hours
  2. Explain under oath why you fear for your safety and need protection
  3. Provide any evidence you have like medical records, threatening texts/emails, photos, etc.
  4. The judge reviews the complaint and evidence and decides whether to grant a TRO

A hearing will then be scheduled within 10 days where you must provide further evidence for why a final restraining order is warranted. Reddit users on r/legaladvice recommend having an attorney represent you at the hearing.

What a Restraining Order Prohibits

If a restraining order is issued against someone, they are legally prohibited from:

  • Having any form of contact with the victim including in-person, phone, email, social media, etc.
  • Going to the victim’s home, workplace, or school
  • Being within a specified distance of the victim (usually 300 feet)

A restraining order can also grant temporary custody, child support, or protective services if needed. According to Quora users, the police will enforce these prohibitions and arrest violators.

Consequences of Violating a Restraining Order

It is a criminal offense to knowingly violate a restraining order in New Jersey. According to the NJ Code 2C:29-9, the penalties are:

  • 1st offense – Up to 18 months in jail and/or a fine up to $10,000
  • 2nd offense – Mandatory minimum 30 days in jail
  • 3rd & subsequent offenses – Mandatory minimum 45 days in jail

If the violation involves an independent crime like assault, the person will face additional charges and penalties.

Getting Legal Help

Navigating the restraining order process can be difficult, especially when facing threats of harm. According to Clark & Noonan attorneys, having an experienced family law or criminal defense lawyer represent you is highly recommended.

Some affordable legal aid resources in Monmouth County include:

Protecting yourself and your family should be the number one priority. Understanding the restraining order process in Monmouth County is an important first step.

This article provides an overview of restraining orders in Monmouth County. However, every situation is unique. For guidance tailored to your specific circumstances, consult with an attorney.

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