This form is a sample protective order for use in a personal injury action requiring the parties to maintain the confidentiality of certain information.
New Jersey Protective Order - Civil Trial
State:
Multi-State
Control #:
US-PI-0048
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Protective Order - Civil Trial?
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FAQ
Civil Restraints in New Jersey The imposition of a final restraining order can have a major impact on the person it is imposed upon, and the family unit as a whole. Unless appealed or vacated, a final restraining order remains in effect, possibly forever.
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.
A restraining order case will be heard by a Superior Court Judge, not a jury and the case is decided by a ?preponderance of evidence? civil standard. This means ?more likely than not? or a 51% burden of proof on the plaintiff.
Essentially, using phone, email, social media or any other form of communication to disrupt, annoy or offend another will qualify under N.J.S.A. 2C:33-4. The second type of proscribed behavior for this Harassment offense is striking, kicking, shoving, other offensive touching or threatening to do so.
When attempting to prove harassment, the accuser has to provide evidence that there was intent to harass or ?they had the purpose to harass another?. Proving intent to harass can be very difficult, even with physical evidence of documented repeated phone calls or text messages.
Can parties change or stop a civil-restraint order? Yes, if they agree to do so and the court approves. Parties do sometimes find it helpful to ask the court to modify or clarify the agreed-on civil-restraint order. Parties also sometimes ask the court to terminate the order.
Any of the following actions may constitute harassment under the statute mentioned above: Making communications anonymously at extremely inconvenient hours, with offensive language or in any other manner likely to annoy or alarm. Striking, kicking, shoving or otherwise touching someone in an offensive way.
In order to prove harassment as a predicate act of domestic violence in NJ, the plaintiff must show that either subsection (a), (b), or (c) was violated above. Therefore, harassment can be based on harassing communications or an offensive touching so it can be both verbal and/or physical harassment.