The court can give an abuser a restraining order without their presence. Although the restraining order is only temporary since it was given at the first hearing, it still prohibits the abuser from meeting or abusing the petitioner again. 

Additionally, the petitioner gets the advantage of seeking temporary child custody if they feel that the abuser might cause harm to their child. Usually, a temporary restraining order is given to protect the victim or the petitioner from the abuser for a certain period. 

Although the full restraining order can be dismissed due to specific reasons laid down by the petitioner, a special order called a civil restraining order can be passed with specific restrictions. Hence, seeking legal advice from a New Jersey restraining order defense lawyer is essential.

Impact of a civil restraining order:

• Fewer chances of imprisonment

In the case of a full restraining order, any action performed by the defendant that intentionally or unintentionally affects the well-being of the petitioner, the defendant can be held accountable. In fact, it can also complicate the defendant’s case and lead to imprisonment, whereas a civil restraining order does not let the defendant go to prison but may face the consequences.

• Modifications in the agreement

Unlike full restraining order, the civil restraining order gives the defendant the flexibility to modify the agreement laid down by the petitioner without any arguments. 

• No impact on the defendant’s career

Usually, when a court order is filed against a person in general, it can directly affect their job or employment status. However, in civil restraining order, the defendant does not have to worry about the impact it may create on their job since there is little to zero guarantee of it happening.

• No arrest on violating the order

The defendant does not have to be arrested if or when they violate the order given by the court. Although in other restraining orders like ex parte order, the defendant can be arrested by a police officer if he knew that the defendant abused the petitioner when in an ex parte order or an order for protection.

The petitioner and the defendant can negotiate certain terms on the agreement which does not impact both their lives. Additionally, a civil restraining order can be appropriate if a petitioner depends on a defendant’s job wherein the defendant is financially contributing to a petitioner for child support. Although it is crucial to have your attorney’s contact in case, the defendant starts to abuse again despite being in a civil restraining order.