Domestic Violence – Repercussions of an FRO

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:

1. The immediate loss of possession of your home. NJSA 2C:25-29 b (2).
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).
3. 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).
4. 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.
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).
6. 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.