If you have been served with a restraining order, then I am sure you are furiously trying to learn about what is going to happen and how you can fight back. Typically, after the court issues a temporary restraining order, a trial or hearing date will be set within 10 days for the parties to present their respective cases. However, as is the case with most relationships, emotions will vary and the parties may decide not to proceed on the eve of trial. In those instances, parties may come to a resolution known as “Civil Restraints.” Civil restraints require careful negotiation between the parties or their attorneys. Civil restraints are similar to a consent order, in that the civil restraints will regulate any future communication between the parties, child custody issues, visitation and property disputes. Civil restraints are a powerful tool for couples in the midst of a separation or a divorce. If you or someone you love are scheduled for a Final Restraining Order Hearing and would like the experience of a restraining order attorney in Ocean County, you have found the right firm. The Ocean County restraining order lawyers at Proetta & Oliver have handled countless restraining orders in throughout New Jersey. If you have matter out of Toms River, Lakewood, Jackson, Brick, Point Pleasant, Stafford or Manahawkin, call 848-238-2100. You can reach us 24/7 and the initial consultation is always provided free of charge.
What are Civil Restraints?
If you have been served with a temporary restraining order (TRO) or are facing are facing a final restraining order (FRO) hearing in Ocean County, New Jersey, one of the potential ways to resolve your case is through an agreement known as “civil restraints.” Civil restraints is a great alternative to a final restraining order. It will provide the victim/plaintiff with the protection, assurances and emotional comfort that they sought from a restraining order while at the same time protecting the defendant from the burdens of a final restraining order. Most importantly, it will cease the need for a formal hearing where both parties are liable to have their most private secrets exposed before the court.
Generally, the civil restraints will set forth the rules regarding contact, communication, child care and property arrangements (should any shared property exist). With regards to communication, the civil restraints may set forth what forms of communication (text, phone, e-mail, third party messaging) are permissible, if at all. Also, the agreement may dictate issues involving child-rearing between parents or partners, for things like visitation and pick-up or drop-off arrangements. Where the parties cohabitate or share ownership in a property/lease, the civil restraint may address these issues for the parties respective rights going forward. These are not all-inclusive, as civil restraints can be molded by the parties and their attorneys to address any and all concerns that deemed appropriate.
If the parties agree to a set of terms to be included in the civil restraints, then a consent order will be drafted and signed by both parties. Next, the parties will appear before the Ocean County Judge initially assigned to the hearing and he or she will place the terms of the agreement on the record. Once this has been completed, the victim/plaintiff will move to drop the restraining order, though they will likely reserve the right to bring back the restraining order should the underlying domestic violence re-occur.
Ocean County NJ Civil Restraints Defense Lawyers
For further information on temporary restraining orders, final restraining order hearings or civil restraints, please contact our Point Pleasant office at 848-238-2100. Our team of restraining order trial attorneys are ready and able to discuss your matter with you and advise you on what steps to take next in your case.
Our phones are answered 24 hours a day. We are available weekdays during business hours. We also meet with clients on evenings and weekends by request. All major credit cards are accepted.