If you’ve been involved in a domestic violence case in New Jersey, maybe you’ve thought about what happens at a Final Restraining Order (FRO) hearing. Many people fear the possibility of jail time, but understanding how these hearings work can ease some of your concerns.
The good news is that a judge cannot send you to jail as a result of an FRO hearing alone. This is because FRO hearings are civil proceedings, not criminal cases. Let’s explore what this means, how the legal process works, and when criminal charges may still apply.
What Happens at a Final Restraining Order Hearing?
An FRO hearing determines whether a permanent restraining order should be issued against you. In New Jersey, this is a civil court process, not a criminal trial. The judge’s role is to decide whether acts of domestic violence occurred based on a preponderance of the evidence—meaning it’s more likely than not that the alleged incident took place.
The judge will consider:
- Testimonies from Both Parties
- Evidence Like Text Messages, Photos, or Witness Statements
- Previous Incidents of Domestic Violence (if applicable)
If the judge rules in favor of the person seeking protection, a Final Restraining Order will be issued. This can include no-contact orders, firearm surrender requirements, and restrictions on visiting shared homes or children. However, there are no criminal penalties or jail time associated with the restraining order itself.
Why Can’t You Be Sent to Jail from an FRO Hearing?
Since FRO hearings are civil matters, there are no “guilty” findings—only a decision on whether the restraining order should be granted. Civil court is designed to protect the victim rather than punish the accused.
However, failing to follow the terms of a restraining order after it has been issued can result in criminal charges. Violating a restraining order is considered contempt of court, which can lead to arrest, jail time, and additional charges.
When Can Jail Be Involved in a Domestic Violence Case?
While you won’t be sent to jail based on an FRO hearing alone, you could face criminal charges if the alleged incident involves:
- Assault
- Harassment
- Stalking
- Terroristic Threats
- Weapons Offenses
These charges are handled separately in criminal court, where the state prosecutes the case. In this setting, a judge can impose jail time if you are found guilty of a criminal offense related to domestic violence.
Why You Need an Experienced Attorney
Facing a domestic violence restraining order hearing in New Jersey can be life-altering. A Final Restraining Order doesn’t just restrict contact—it can affect child custody, firearm ownership, and even employment opportunities, especially if you work in certain licensed professions.
This is why hiring a skilled attorney is critical. A knowledgeable lawyer can:
- Challenge weak or inconsistent evidence
- Cross-examine witnesses effectively
- Present a strong defense tailored to your case
Why Choose Reisig Criminal Defense & DWI Law?
With nearly 30 years of experience, Reisig Criminal Defense & DWI Law has built a proven track record defending individuals in domestic violence cases throughout New Jersey. They understand how local courts handle these matters and have successfully protected clients’ rights time and again.
Here’s what sets them apart:
- Deep Knowledge of NJ Law: They know how to challenge restraining orders and defend against related criminal charges.
- Personalized Legal Strategies: Every case is different. Their team develops custom defense plans based on your unique circumstances.
- Courtroom Success: With thousands of successful cases handled, their experience ensures you’re getting top-tier representation.
Take Control of Your Future Today
If you’re facing a Final Restraining Order hearing or domestic violence charges in New Jersey, don’t take chances with your future. Protect yourself with experienced legal representation from Reisig Criminal Defense & DWI Law.
Call (732) 625-9661 for a free consultation and start building your defense today. Let Reisig Criminal Defense fight to protect your rights, your reputation, and your freedom.