TEMPORARY RESTRAINING ORDERS

TEMPORARY RESTRAINING ORDERS

COMPLAINT

FIRST ROW: Check off TRO box

SECOND ROW: Must check off box for Superior Court or Municipal. • If Municipal, which town? Add in town name. • NOTE: Matter can be brought where plaintiff resides, where Defendant resides, where

Plaintiff is sheltered or where incident took place.

DEFENDANT IDENTIFIERS: Fill in as much information as possible. This is needed if someone else has to serve Defendant or to verify a warrant. Also needed to input into FACTS, especially dates of birth. Ask if Plaintiff has a recent photograph of defendant.

STORY: Fill in the date (A0N@) and the time (AAT@), the offense and what Def. did (theABY@)

• EX: AON 5/18/01, AT 9pm, Def assaulted Plf BY hitting her in the face with a fist@ Give as much detail as possible and note injuries or pain.

CRIMINAL OFFENSE BOXES: check off all that apply; give Defendant notice (due process).

#1: PRIOR HISTORY: detail other incidents, even if not reported; be sure to check box. For example, A6/99, Def broke plf wrist; called work every day this month@ (NOTE: put prior docket numbers in # 3)

#2 CRIMINAL HISTORY: Check for SBI number, check for warrants, check central registry #3 PRIOR OR PENDING MATTERS: fill in with court, dates, dockets numbers where

available

#4 CRIMINAL COMPLAINT: where possible, fill in charges and complainant

#5 WEAPONS – fill in if weapons were removed with number of weapons and type WEAPON is anything readily capable of lethal use or of inflicting serious bodily injury

ARREST of defendant – check box #6 MORE BOXES: check off the relationship; for (former) household member, plf must be 18.

#7 CHILDREN: list children in common only; if relationship criteria (#6) is coparents, make sure the children are listed, no matter where they live and no matter their age.

#8 FAMILY RELATIONSHIP - does not change the jurisdiction of PDVA; put plaintiff first so if Plf is mother and def is son, write Amother/son.”

CERTIFICATION: plaintiff must sign and date If using e-TRO, have Plaintiff sign after printingORDER ***NOTE: DEFENDANT=S RELIEF IS FIRST***

TOP OF FORM: Make sure Defendant=s name appears on all pages

PART I RELIEF (CAN ARREST FOR VIOLATION OF THIS SECTION) #1-13 IMPORTANT BOXES: There are three columns on left side of the Order.

• • •

TRO column shows what is REQUESTED in the Temporary Order FRO column shows what is REQUESTED at the Final hearing (ex - child support) *GRANTED* column shows what is GRANTED in the TEMPORARY ORDER ONLY * GRANTED column must be CHECKED for the Order to be enforceable. BE SURE TO CHECK ALL APPROPRIATE BOXES

#3 PLACES: check off home and residence boxes but fill in actual address only if known to Defendant; if confidential, write confidential.

#4,5,6: OTHERS: Fill in names and relationship of people known to def #7 EMERGENT MONEY: Be very specific when this is used; exact amount and when and

how paid

#8, 9 EVALUATIONS AND TREATMENT: Also be very specific—where, when and who pays

#10 WEAPONS POSSESSION: This section precludes defendant from POSSESSING weapons only; includes firearms and weapons, purchasing card and id. card; note Ammunition is not a weapons pursuant to N.J.S.A. 2C:39-1r; fill in weapons other than firearms in space provided.

NOTE: With the e-TRO, once this box is checked, the line must be filled in with something; fill in the specifics, or a general statement such as “all weapons.”

#11 EXCLUSIVE POSSESSION: if checked, something must be written; if defendant knows the address, fill in address; if defendant does not know address, fill in “plaintiff’s residence.”

#12 CUSTODY: list children in common; need not list other children, esp. where defendant is not parent of that child.

#13 OTHER RELIEF: this is the section where defendant can be arrested so use this sparingly; can by used to require return of passports or other papers; house or car keys, etc.

LAW ENFORCEMENT: specify which police department (if known), to accompany defendant to a specific place to retrieve clothing and toiletries (or other specific item(s)), once for a limited time (such as 15 minutes).

NOTE ON BOTTOM OF PAGE: a violation can result in arrest and incarceration; only a court can change the Order.

WARRANT: requires that a WRITTEN INVENTORY of items seized be sent to family court

PART II RELIEF (Must file Affidavit or Motion in Superior Court for violation of this section)

***AGAIN NOTE DEFENDANT INFORMATION IS FIRST ****

#1-3 MORE BOXES: SEE ABOVE. Here, it is important to fill in, if possible, what pla wants at the Final, so def knows what to prepare. Example: risk assessment; child support; medical insurance; car insurance

PERSONAL PROPERTY: think possession of car, house or car keys, a pet, passports COMMENTS: This area can be used to continue the story from the first page or advise of

special circumstances, such as special needs child

PAGE 4: • If TRO denied: check off correct box. If Municipal: check off ATRO DENIED BY

MUNICIPAL COURT.@ Order must still be signed and sent to Family Court

immediately; Plaintiff can go to Superior Court next day and renew request. • If TRO is granted: check that box, sign, check Box to schedule Final hearing AND

fill in NOTICE TO APPEAR at final hearing with date, time and place ***NEW BOX: IS AN INTERPRETER NEEDED?*** SERVICE: Fill in for Plaintiff.

• •

If Municipal court, FAX TRO TO FAMILY COURT IMMEDIATELY, even if both parties not yet served. Superior Court needs time to put info into the computer. If Defendant needs to be served elsewhere, issuing court must fax to the law enforcement agency where defendant can be served.

Service of TRO on defendant must also be FAXED to family court immediately, no matter who serves it. If unable to serve immediately, fax order to Superior Court and refax page 4 later with service info whenever Def is served. TRO must also be faxed to the town where Defendant lives for service, if different.

NOTE: SERVICE OF FRO B must also fax proof of service of FRO to Superior Court for entry into Central Registry. Fill in date and department that served (page 4)