A civil restraint is a legal agreement between two parties that is used as an alternative to a Final Restraining Order. It is used in domestic violence cases and helps both parties avoid a trial and hearing associated with an FRO.
In familial or intimate relationships, disagreements that become wars with neither side giving in, can lead to frustration and unfortunately, violence or related allegations. The courts may intervene when one party victimizes another by physical, emotional, or psychological violence and abuse.
For example, a domestic violence victim in New Jersey may obtain a temporary restraining order from the local municipal court in an emergency, if necessary. Once the person seeking protection gets a temporary restraining order, they must return to court for a scheduled hearing ten days later for a full hearing to finalize the restraining order.
A final restraining order makes permanent the order that forbids the accused from contacting the victim and from possessing weapons. It may also order the accused to pay child support and other costs resulting from the alleged abuse. But before a final restraining order trial, the parties may agree to settle their disagreements by alternative means.
For example, they can file a motion with the family court for a civil restraint agreement instead of the final restraining order. If you are on either side of a restraining order matter in Union County or elsewhere in New Jersey, it is imperative that you understand the meaning of civil restraints and why it may or may not be a viable option for your case.
If you have questions regarding a restraining order case or what it takes to secure a civil restraints agreement as an alternative to a restraining order, talk to an experienced domestic violence attorney on our team by contacting us for a free consultation. We have extensive experience negotiating civil restraint outcomes in Union County Superior Court and other Superior Courts in NJ, and we can answer all of the questions and concerns you may have weighing on you. Call our office in Cranford at (908) 838-0150 for immediate help.
Key Featues of a Civil Restraint Agreement
If you are expecting to go to a FRO hearing, you can negotiate a civil restraint instead. A civil restraint agreement is defined by these features:
- Alternative to trial: The option for a civil restraint arises after a TRO has been issued. Instead of going through a formal domestic violence trial to determine if the TRO should become a permanent FRO, you and the opposing party an agree to the civil restraints and have the TRO dismissed. Also, a CRA is not a finding of domestic violence, unlike a FRO.
- Negotiated agreement: Unlike a court-mandated FRO, a civil restraint is negotiated and agreed to by both parties and their attorneys. This gives both sides more control over the specific terms.
- Civil enforcement instead of criminal: This is a key difference between a civil restraint and an FRO. A violation of a civil restraint is not a criminal offense and will not automatically result in an arrest. The party seeking enforcement must file a motion with the court, which can result in civil penalties, such as financial sanctions.
- Avoids collateral consequences: For the defendant (you), entering into a civil restraint instead of an FRO means avoiding the serious, long-term consequences that accompany a domestic violence conviction. This includes being placed in domestic violence registry, getting fingerprinted, and being prohibited from owning firearms. An FRO can also hurt your employment chances.
What are the Benefits of Civil Restraints in New Jersey?
For the Plaintiff/Victim
- A safe method for reaching a conclusion: An agreement for restraint can be a less risky path to safety and peace of mind. One of the most significant benefits for a victim is the avoidance of a potentially traumatic court trial. A formal restraining order hearing can cause emotional discomfort. A civil restraint agreement bypasses this ordeal, offering a more private and less confrontational resolution.
- Customized deal with the opposing counsel: This can include detailed provisions regarding communication methods (e.g., email only for co-parenting matters), physical proximity, and specific locations the restrained person must avoid. They can restrict behaviors that threaten harm to them, such as harassment, stalking, or other offensive conduct. This level of detail can provide a victim with a greater sense of security and control over their daily life.
- Pragmatic option for dependency: For victims who may be financially dependent on the other party, a civil restraint agreement can be a more pragmatic option. A formal restraining order can have severe consequences for the restrained person’s employment and professional licenses. By opting for a civil agreement, the victim can secure necessary protections without jeopardizing the financial stability that they and their children may rely on.
For the Defendant/Accused
- Avoidance of a Public and Adversarial Trial: Similar to the victim, the defendant benefits by avoiding a contentious and often embarrassing court hearing. A trial requires testimony about private and sensitive matters in a public forum. A negotiated agreement keeps these details private and avoids the emotional and financial costs of litigation.
- Preservation of Employment and Professional Licenses: Many professions, particularly those requiring a security clearance, the carrying of a firearm, or a license to practice (such as law, medicine, or education), can be jeopardized by a final restraining order. A civil agreement, being a private contract between two parties, typically does not trigger these severe professional consequences.
- No Mandatory Fingerprinting or Photographing: The issuance of a final restraining order often requires the defendant to be fingerprinted and entered into a law enforcement database. A civil restraint agreement bypasses this process entirely.
- More Control and Flexibility: The terms of a civil restraint agreement are negotiated by both parties. This allows the defendant to have a say in the specific restrictions, which can be tailored to be less onerous than the blanket prohibitions of a standard FRO. For instance, communication methods regarding children can be specifically defined rather than completely cut off.
Why Not Agree to Civil Restraints?
Of course, severe domestic violence cases do not typically end with civil restraints, which is a negotiated solution. Victims of extreme violence cannot participate equally with their violent partners. When one party fears the other, they may negotiate from a position of strength but out of duress. In that case, the civil restraint is not a mutual, valid agreement, and a judge is unlikely to approve it.
Distinction Between Civil Restraint Agreements and Restraining Orders in NJ
A permanent restraining order lasts a lifetime unless you can get the FRO removed. Also, the terms of a civil restraint agreement can be more flexible than a restraining order, and the penalties for violating one are a civil, not a criminal matter. Suppose one or both parties violate the terms of a civil restraints agreement. In that case, the non-violating party may file a motion in the family court for sanctions or monetary punishment for not abiding by the order. After a judge hears the evidence presented by the parties, they decide on the sentence. The judge may order the offending party to pay the other monetary sanctions but will not order the party incarcerated as they would in a temporary or final restraining order. Those who violate protective orders may be arrested, fingerprinted, and jailed for as long as 18 months and pay expensive fines. Domestic violence defendants also become part of a statewide database identifying offenders.
Why get a Lawyer for Negotiating Civil Restraints in Union County, NJ
Since the civil restraint must be prepared in an acceptable form for a family court judge to approve and implement the court’s order, parties ordinarily have attorneys help them negotiate and draft these documents. Each party has distinct motivations for entering a civil restraint agreement, and each seeks to have their wants and needs protected. With the help of our domestic violence lawyers, who have thorough knowledge of both the family and criminal laws and procedures regarding restraining orders and civil restraints, we can work to ensure your interests are protected and you are able to reach solutions based on your unique situation.
Speak to an Elizabeth NJ Civil Restraints Attorney Today
If you are the plaintiff or the defendant in a domestic violence action, you should speak with an attorney on our team who can inform you about the civil restraints option to resolve the issues in this manner. A knowledgeable restraining order and domestic abuse attorney at our Union County law office can tell you about the pros and cons of the restraining order and civil restraint options applicable to your case. We can advise and explore which is better for you and your family. Contact (908) 838-0150 for a free consultation today.
