Ocean County Civil Restraints Attorney
Civil Restraints as an Alternative to a Restraining Order in Toms River, New Jersey
When a Temporary Restraining Order has been issued due to an act of harassment or domestic violence, the plaintiff may agree to approach a more mediated road. Such a road involves civil restraints. It is important to understand what civil restraint agreement is and how it can be used in situations of divorce, as couples going through a divorce or separation might use civil restraints as a very useful approach. Through these agreements, our attorneys have helped numerous parties resolve their issues in Lacey, Hazlet, Ocean Township, Point Pleasant, Brick, Sea Girt, and Jackson, and throughout Ocean and Monmouth County. Contact one of our attorneys at The Bronzino Law Firm, LLC, today to arrange a free consultation if you want to dive in and know more about your alternatives to a restraining order in New Jersey. Call (732) 812-3102 to discuss the implications of reaching a civil restraints agreement in your case and find knowledgeable assistance from a family lawyer to navigate the possible options.
How do Civil Restraints Work in New Jersey?
Civil restraints are consent orders by which a plaintiff and the person they have accused of domestic violence can arrive at a mediated path forward. It serves as an alternative to moving forward with a final restraining order and dissolves the temporary restraining order. This is particularly helpful and utilized when spouses or parents are the plaintiff and defendant in the legal circumstance. A civil restraint order provides a legal path to organizing communication between individuals in order for both parties to feel respected and heard. It provides legally-binding agreements for contact and communication, essentially strengthening boundaries while allowing continued collaboration. In the case of separating or divorced couples with children, it also lays out shared agreements for custody, visitation, and emergencies.
What Distinguishes Civil Restraints from both Temporary and Permanent Restraining Orders in NJ?
Civil restraints differ from temporary and final restraining orders in that they regulate communication without cutting it off. Temporary and final restraining orders create an absolute end to communication for short- and long-term periods. On the other hand, civil restraints serve as an alternative to a final restraining order and allow the plaintiff and defendant to negotiate terms of communication and carefully regulate those terms to ensure that the plaintiff’s safety is secure.
Terms of a Civil Restraints Agreement
Terms depend on the needs and negotiation of the party. They could range from an agreement of no contact whatsoever to a “no-contact, with exceptions” agreement, as in the case of co-parents who only communicate on days that the child is moving from one parent to the other. A civil restraint could, in addition to regulating communication, define the limits of location, physical proximity, and behavior, limits on who is allowed to be with the children, and other specific boundaries that the pair sees necessary to place.
What is the Duration of Civil Restraints in New Jersey?
Like final restraining orders, civil restraints do not expire. The only way they can be dismissed is by consent of the plaintiff or appeal.
Civil Restraint Orders in Divorce and Family Law Cases
When a final restraining order is in place in a divorce proceeding, moving through issues is complicated because communication is impossible. In order to address this while keeping the safety and well-being of the plaintiff in tact, civil restraints can be successful solutions. Such arrangements heavily regulate the communication and interaction between couples in a high conflict divorce or situation in which domestic violence has occurred. Strict measures provide just enough facilitated and even chaperoned conversation for issues such as assets division, child custody, spousal support, and other divorce arrangements to be settled without creating space for further abuse.
In other family law cases, a civil restraint can allow both parties to feel safe and contained in order to proceed with child custody hearings, juvenile matters, and other legal issues, whereas restraining orders prevent any productive communication or proximity in legal session to occur.
Impact Civil Restraints Have on Custody Matters
While final restraining orders can mean that you do not have legal consent to visitation with your child, a civil restraint often offers a path forward to some type of visitation, either supervised or unsupervised. Because most people who have a final restraining order pending against them have engaged in a violating act of harassment or domestic violence, their rights to seeing and caring for their children can be swiftly taken away. Civil restraints provide heavily crafted terms for continued rights as a parent.
Talk to a Brick NJ Civil Restraint Agreement Lawyer Today
Because the stakes are so high with restraining orders and civil restraints, it is important to seek the support of a family law attorney at Bronzino Law Firm, LLC, when you have filed a restraining order or had one filed against you in Toms River, Rumson, Sea Bright, Bay Head, Manchester, Freehold, Stafford, Holmdel and throughout Ocean and Monmouth Counties. Especially if you have kids, a civil restraint order can be a crucial ingredient for the allowance of facilitated, productive interaction moving forward that is safe for you and your kids and that still allows issue resolution. Contact a member of our New Jersey law firm at (732) 812-3102 today to learn how we can help you regulate the terms of a civil restraints agreement in order to proceed with your divorce or custody arrangement.