What are civil restraints?

Restraining Order Lawyers with offices in Newark, New Jersey

Civil Restraints in NJ Restraining Order Case

Civil restraints is a consent agreement between the Plaintiff and the Defendant which resolves a domestic violence restraining order case without the necessity of a trial. If a plaintiff agrees to civil restraints, he or she will drop the temporary restraining order (TRO) and the civil restraints agreement will be entered on the record in its place. This agreement can resolve any number of issues including living arrangements, child custody, visitation, child support, dissolution of property, and how the parties will contact each other moving forward (if at all).

If you are involved in a restraining order case in New Jersey, the experienced NJ restraining order attorneys at the Tormey Law Firm LLC are here to help. We have represented both plaintiffs and defendants in domestic violence matters in literally hundreds of trials throughout NJ including in Somerville, New Brunswick, Jersey City, and Paterson. In fact, Mr. Tormey himself has received the AVVO.com clients choice award for four straight years (2013, 2014, 2015, 2016) and he has the highest rating on AVVO.com (10.0).

Here is a review from one of our many satisfied restraining order clients:

“Travis successfully defended me in an unprecedented Final Restraining Order Trial with ease”

5.0 stars

Posted by Aaron 

“Upon consultation I hired Travis Tormey to defend me in a very emotional and scary time of need where I was facing a potentially devasting FRO. Travis was knowledgeable, comforting, and most importantly confident. THIS GUY KNOWS THE LAW! Watch his YouTube clips, read his reviews, and simply call him to discuss your case. I did and was so impressed with his amazing win in court. Don’t go into court without this guy in your corner. Consulted, hired, and successfully had my day in court. Thanks for everything, I hope I never need a defense attorney again, but if I do, Travis Tormey is the only lawyer I would use. All 5 stars !”

For a free initial consultation with the NJ restraining order attorneys at the Tormey Law Firm, please call 201-556-1571.

New Jersey Restraining Order Cases: Civil Restraints

If a temporary restraining order (TRO) has been issued, there is a number of ways that the case can proceed. First, the plaintiff can voluntarily dismiss the case. The second option is that the case proceeds to trial and the judge either issues a final restraining order (FRO) or dismisses the order. The third option is called civil restraints. Civil restraints is essentially a consent agreement between the parties that regulates how they will have contact in the future (if any). It can be by email only, text only, or not at all. It depends on if the parties have children in common and still need to communicate about the children moving forward. It also can regulate things like division of property and living arrangements. Then, the plaintiff dismisses the restraining order and the civil restraints agreement is placed on the record in it’s place.

For a defendant, this is good because they avoid having the permanent restraining order on their record and all of the consequences that come with that. For the plaintiff, this is good because now they have something in place that documents how the parties should interact moving forward. If the defendant violates the civil restraints agreement, the plaintiff can file a new restraining order and show the court that the defendant has been unable to abide by their agreement and that a permanent restraining order should now be issued.

How Does a Civil Restraints Agreement Work

The parties negotiate an agreement (contract) that they both sign. This agreement will detail how they will communicate moving forward (if at all). It can also address things like living arrangements, leases, division of property, child custody, visitation, child support, etc. If the parties are getting divorced or have a child in common, this agreement can be docketed with the court and placed on the record. If the parties are not married and do not have children in common, the agreement can not be docketed with the court and will essentially remain a private agreement between the parties.

Contact Our Local Essex County Domestic Violence Defense Attorneys Now

For more information, contact the NJ restraining order lawyers at the Tormey Law Firm LLC for immediate assistance at 201-556-1571. The initial consultation is always provided free of charge.