Arons & Solomon Divorce Lawyers | May 12, 2025 | Our Family Law Blog
A civil restraint order is an alternative to a traditional restraining order. Civil restraint orders and civil restraining orders in family court are similar but have distinct differences. These differences may benefit some individuals. However, civil restraint orders do not provide the same level of protection from domestic violence and harassment as criminal restraining orders. Therefore, it is crucial to discuss your situation with a Bergen County domestic violence lawyer before deciding on how to proceed.
Civil Restraint Orders in New Jersey vs. Final Restraining Orders
Understanding the key differences between a civil restraint order and a final restraining order can help you determine whether a civil restraint order is best for your situation.
Restraining Order
A court issues a final restraining order after a trial on a domestic violence case. It is intended to provide substantial protection for the victim. The offender is entered into a domestic violence registry, prohibited from owning firearms, and may be required to complete a treatment program or mental health evaluation.
Violating a final restraining order may lead to criminal charges. It can also lead to numerous collateral consequences that could impact the person’s ability to provide for the family, such as making it difficult to find employment and losing a professional license.
Civil Restraint Order
On the other hand, a civil restraint order is a negotiated agreement between the parties used as an alternative to a final restraining order. A civil restraint order does not require a court trial. The parties negotiate the terms of the civil restraint order, including the restrictions included in the order.
The court incorporates the civil restraint order into a formal family court order. A downside of civil restraint orders is that violations are not criminal matters. If a party violates a civil restraint order, the other party must file a motion with the family court to enforce their rights under the order. Therefore, the offender would not face the same criminal penalties as they would if they violated a restraining order.
How Do I Obtain a Restraining Order or Civil Restraint Order in Bergen County, NJ?
If you are facing domestic violence or harassment in Bergen County, NJ, you may be considering a restraining order or civil restraint order to protect yourself.
Restraining Order
Generally, a party petitions the court for a temporary restraining order to prevent another party from ongoing acts of domestic violence. However, it may be more difficult to obtain a final restraining order. The court holds a full trial to determine whether a final restraining order is justified.
The petitioner must appear at the hearing to provide evidence of domestic violence. However, the alleged offender may also present evidence disputing the petitioner’s claim. The judge may decide to continue the restraints by issuing a final restraining order. On the other hand, the judge may determine there is insufficient evidence for a final restraining order. If so, the judge dismisses the case.
Civil Restraint Order
If you want to change a temporary restraining order into a civil restraint order, you must drop your petition for a restraining order. The civil restraint order is issued instead of a final restraining order. The petitioner is guaranteed some protection without going through a trial. The alleged offender can avoid the severe consequences of a final restraining order.
It is important to realize that a civil restraint order can only be issued as part of an ongoing case. Therefore, a judge can sign and docket a civil restraint order under an ongoing divorce or child custody case. However, the judge cannot sign the order if you do not have an open proceeding. Instead, your civil restraint order is a consent order that is placed on record with the court.
Seek Legal Counsel for Help in Bergen County
Domestic violence cases can be challenging. A victim of domestic violence may be pressured by their partner to drop the civil restraining order. It benefits the offender because they avoid a final restraining order that requires them to be fingerprinted, photographed, and registered as a domestic violence offender. It also avoids criminal charges if they continue to abuse the victim.
Before you drop a temporary restraining order, talk with a Bergen County family law attorney. Negotiating a civil restraint order may be the best alternative for your situation. However, you need to understand your rights, legal options, and the consequences of your choices. Some individuals may need the expanded protection of a restraining order over a civil restraint order.
Contact the Bergen County Family and Divorce Law Firm of Arons & Solomon Divorce Lawyers for more help
Contact the experienced family attorneys at Arons & Solomon Divorce Lawyers today for legal assistance. Visit our law office in Bergen County or give us a call at (201) 487-1199 to schedule a free consultation with our team.
Bergen County Law Office
1 University Plaza Dr #400
Hackensack, NJ 07601, United States