Civil Restraints v. Final Restraining Order

If you are a victim of domestic violence and have obtained a Temporary Restraining Order, you have options as to the types of protection you may be afforded under the law. In New Jersey, you may be presented with the option of proceeding with a Final Restraining Order versus entering into an Order for Civil Restraints.

There are key distinctions between a Final Restraining Order and Civil Restraints:

Final Restraining Order:

• This is a court order issued after a domestic violence trial, where you will have the opportunity to provide the court with evidence such as testimony, pictures, videos and printed text messages.
• A Final Restraining Order is designed to provide significant protection to the victim.
• The Defendant will be entered into a domestic violence registry, restricted from owning firearms or a firearms I.D. card, fingerprinted, and may be required to engage in services such as a mental health evaluation and/or batterer’s intervention program, if deemed appropriate by the Court.
• The Defendant may also be required to pay the victim’s attorney’s fees as compensatory damages.
• Finally, a Defendant’s violation of a Final Restraining Order has criminal implications that may lead to arrest and criminal charges.

Civil Restraints:

• This is a private, negotiated agreement between the parties, typically formalized within a family court order.
• It is often used as an alternative to a Final Restraining Order, particularly in situations where a victim wishes to avoid a full trial.
• Civil Restraints allows for more flexibility in the terms of the agreement, as the parties themselves determine the restrictions.
• Violations of civil restraints are typically addressed through a motion to enforce litigant’s rights, which generally does not carry the same criminal penalties as violating a Final Restraining Order.

In essence, a Final Restraining Order is a court-mandated protective order with criminal consequences, while civil restraints are a mutually agreed-upon solution with civil enforcement. The decision whether to enter Civil Restraints or proceed with a Final Restraining Order remains solely with the victim. If you are a victim of domestic violence and would like to discuss your options about how to proceed with obtaining the appropriate level of protection, please contact me directly.