What is the difference between a final restraining order and civil restraints?
A final restraining order is issued after a hearing on a temporary restraining order, where the Court finds a person has harassed, alarmed or annoyed someone. A final restraining order hearing is not something a person should do on their own. If the case is not defended properly by an attorney a person could end up with a permanent order barring them from a residence or a person. A final restraining order also requires the person to be fingerprinted and registered in a database where anyone can find them. If a person violates a final restraining order he/she is arrested.
At the final restraining order hearing the parties can agree to civil restraints. Civil restraints is an agreement between the parties to follow certain boundaries. This can include staying away from a persons home or curbside pick up of children. The benefit of civil restraints is the person does not get fingerprinted or entered into a database. The downside is if the person violates the agreement he/she must be brought before the Court by motion, not arrested by the police. The punishment is usually a monetary sanction.
Whatever road you decide to take with your restraining order I suggest you talk to an attorney about the consequences. I handle restraining order cases in Middlesex County, Somerset County, Monmouth County, Essex County and Ocean County. Call our office today.