ENFORCEMENT AND MODIFICATION OF RESTRAINING ORDERS6.1 ENFORCEMENT AND MODIFICATION N

ENFORCEMENT AND MODIFICATION OF RESTRAINING ORDERS6.1 ENFORCEMENT AND MODIFICATION NJ

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The enforcement of a TRO or FRO occurs when the plaintiff seeks to have the defendant comply with an existing order. A modification occurs when one party seeks to add or change provisions to an existing order.

Enforcement of TRO and FRO is governed by N.J.S.A. 2C:25-30 and 2C:29-9b, depending on the conduct and the provision violated. All relief contained in Part I of the restraining order can be enforced by way of criminal or civil remedies. All relief contained in Part II must be enforced by civil remedies, i.e., by filing an application with the Superior Court, Family Division.

Violations of N.J.S.A. 2C:25-29(b) (which covers Part II relief) includes:

A. An order for parenting time;

B. An order requiring the defendant to pay monetary compensation;

C. An order requiring the defendant to receive professional domestic violence counseling;

D. An order requiring the defendant to make rent/mortgage payments; and/or

E. An order granting either party temporary possession of personal property.

These may be enforced in a civil action initiated by the plaintiff, generally under Rule 1:10-3 and Rule 5:3-7 by way of motion, affidavit, or in emergent circumstances, an order to show cause.

A defendant who “purposely or knowingly violates any provision” of a TRO or FRO is guilty of a crime of the fourth degree if the conduct that constitutes the violation also constitutes a crime or disorderly persons offense under N.J.S.A. 2C:29-9(b). In all other cases, the defendant is guilty of a disorderly persons offense if that person knowingly violates an order entered under the provisions of the PDVA.

These distinctions apply even when the restraining order is no longer in effect, so long as the conduct which constitutes the offense occurred while the order, temporary or final, was in effect.

In connection with enforcement applications or reports of violations by the victim, the victim advocate or the Victim Witness Unit should be involved in the interview, whenever possible. If the advocate is not available, the victim should be given the victim advocate’s card and told to contact her/him prior to the hearing.