A Final Restraining Order (FRO) will only be issued after a trial is heard. The Judge will hear from both the victim (plaintiff) and accused (defendant). A Final Restraining Order (FRO) trial is usually scheduled within 7-10 days of the TRO being granted.
During the FRO trial, the Plaintiff has to prove their case by a preponderance of the evidence. For an FRO to be granted the Plaintiff must prove that they qualify as a victim under the New Jersey Prevention of Domestic Act, that the Defendant committed an act of Domestic Violence, and that the FRO is necessary to protect the life, health or well being of the victim. If the FRO is granted by the Judge the FRO in most cases will continue the conditions contained in the TRO and also add additional conditions including: The defendant will be subjected to fingerprinting, N.J.S.A. 53:1-15 and entered into a domestic violence registry. (The Administrative Office of the Courts maintains a central registry of all persons who have had domestic violence restraining orders entered against them, N.J.S.A. 2C: 25-34).
If a Final Restraining Order is entered the defendant will not be able to possess a firearm, or a firearm purchaser’s identification card nor will the defendant be able to apply for a firearm purchaser’s identification card in the future. In most cases the defendant will be prohibited from returning to the marital or shared residence if it is also the residence of the alleged victim. The defendant’s ability to visit any children in common will be severely curtailed. The alleged victim (plaintiff) has the right to retain a lawyer for the Final Restraining Order and very often appears for the Final Restraining Order with a lawyer.