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Restraining Orders in Burlington County, NJ
Temporary & Final Restraining Orders (TRO & FRO)
Understanding TROs, FROs, and Extreme Risk Protection Orders
If you’ve been served with a Temporary Restraining Order (TRO) in Mount Laurel, Evesham, Medford, Moorestown, or any town in Burlington County, it’s essential to understand the seriousness of the situation. While a TRO isn’t a criminal charge, it can often be accompanied by one, filed either in the Municipal Court where the incident occurred or the Superior Court of Burlington County.
The types of offenses that may lead to the filing of a TRO are:
- (1) Homicide N.J.S.2C:11-1 et seq.
- (2) Assault N.J.S.2C:12-1
- (3) Terroristic threats N.J.S.2C:12-3
- (4) Kidnapping N.J.S.2C:13-1
- (5) Criminal restraint N.J.S.2C:13-2
- (6) False imprisonment N.J.S.2C:13-3
- (7) Sexual assault N.J.S.2C:14-2
- (8) Criminal sexual contact N.J.S.2C:14-3
- (9) Lewdness N.J.S.2C:14-4
- (10) Criminal mischief N.J.S.2C:17-3
- (11) Burglary N.J.S.2C:18-2
- (12) Criminal trespass N.J.S.2C:18-3
- (13) Harassment N.J.S.2C:33-4
- (14) Stalking P.L.1992, c.209 (C.2C:12-10)
- (15) Criminal coercion N.J.S.2C:13-5
- (16) Robbery N.J.S.2C:15-1
- (17) Contempt of a domestic violence order pursuant to subsection b. of N.J.S.2C:29-9 that constitutes a crime or disorderly persons offense
- (18) Any other crime involving risk of death or serious bodily injury to a person protected under the “Prevention of Domestic Violence Act of 1991,” P.L.1991, c.261 …
The level of offenses above range from Petty Disorderly Persons Offense to 1st
Degree Crimes.
Final Restraining Order (FRO) hearings take place in the Family Division of the Superior Court. During this hearing, the judge will determine:
- If the court has jurisdiction.
- Whether an act of domestic violence occurred under The Prevention of Domestic Violence Act (N.J.S.A. 2C:25-19a).
- If a Final Restraining Order is necessary to protect the plaintiff.
If a FRO is issued:
- You’ll be listed in the Domestic Violence Registry.
- You must forfeit any firearms and will be permanently barred from owning or purchasing weapons.
Violating a Restraining Order
Violating either a TRO or FRO is a criminal offense under N.J.S.A. 2C:29-9 and carries serious penalties:
- Up to 18 months in state prison.
- Fines, probation, or mandatory jail time for repeat violations.
- Additional charges like harassment, stalking, terroristic threats, or assault are often filed alongside contempt charges.
These cases are handled in the Superior Court, Family Division in Burlington County. Under New Jersey’s bail reform, violators may face immediate detention until a court hearing.
Extreme Risk Protection Orders (ERPO) – Burlington County, NJ
“Red Flag” laws allow law enforcement or family members to file for a Temporary Extreme Risk Protection Order (TERPO) if someone is deemed a danger to themselves or others. This is authorized under the Extreme Risk Protective Order Act of 2018 (N.J.S.A. 2C:58-20 to 32).
If served with a TERPO in Burlington County:
- You’ll be prohibited from owning or purchasing firearms or ammunition.
- A hearing will be scheduled in the Superior Court where you can present evidence, call witnesses, and contest the order.
- If the court grants a Final Extreme Risk Protection Order (FERPO), firearm restrictions become permanent unless later removed by court order.
Both TERPO and FERPO proceedings are civil matters, but the consequences—especially regarding firearm rights—are significant.
Need Help With a Restraining Order Case?
If you’re facing a TRO, FRO, or ERPO in Burlington County, understanding the legal process is key. While these cases are serious, the right guidance can help you protect your rights and future.
Serving Mount Laurel, Evesham, Medford, Moorestown, and all of Burlington County.
Call Today for a Confidential Consultation (609) 875-2775.