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First, it is important to realize that Final Restraining Orders entered
as a result of Domestic Violence are permanent. Unlike similar orders
in other states, Domestic Violence FROs do not expire, and are not
merged into a final Judgment of Divorce if one is ultimately entered
between the parties.
The immediate repercussions of a FRO are as follows:
- The immediate loss of possession of your home. NJSA 2C:25-29 b (2).
- Immediate search and seizure of firearms and other weapons. Loss of
the right to purchase, possess or carry firearms. This includes
individuals who are required to carry firearms as a condition of their
employment. Search and seizure can extend to the homes or business
places of friends or relatives, who may have possession of the actor's
firearms or other weapons. NJSA 2C:25-29 b (16).
- Presumption against having custody of minor children. Although this
presumption may be overcome by clear and convincing evidence,
nevertheless, the burden can be insurmountable. NJSA 2C:25-29 b (11).
- Loss of the possibility of custody mediation. If couples are unable
to agree upon issues affecting the custody and or visitation of their
children, the court is required to order them to attempt to resolve
those issues through mediation. Often, mediation can resolve these
issues, alleviating the necessity for custody evaluations, and expensive
court proceedings. Once a FRO is granted however, the court is no
longer able to send the parties to mediation. NJCR 1:40-5.
- Possible jail time for contempt. Once an FRO has been entered, a
violation of same is a contempt of court. If the conduct constitutes a
crime or disorderly persons offense (such as stalking, criminal
trespass, terroristic threats, assault, and so forth) the violation of
the FRO constitutes a fourth degree crime - punishable by incarceration
for up to 18 months. NJSA 2C:25-30; NJSA 2C:43-6 a (4).
- A second contempt conviction, in most cases, carries with it a
mandatory sentence of not less than 30 days in jail. The exception is
for violation of the provisions of the FRO which have ordered the
payment of mortgage payments or rent, certain visitation provisions, or
payment of compensation to the victim. NJSA 2C:25-30.
Domestic Violence Final Restraining Orders are serious, and the
institution of a Domestic Violence action by a spouse or significant
other must be defended vigorously in order to avoid the repercussions
listed above. By all means, consult competent counsel before a
decisions is made which can and will effect your life, financial
condition, and relationship with your children permanently.
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