Annandale, NJ asked in Criminal Law, Divorce and Family Law for New Jersey

Q: Can you be around an individual who was granted a final restraining order by the court?

My friend's ex-wife has a final restraining order against him. Their daughter will be getting married next year and he wonders if he will be able to attend and walk her down the aisle.

3 Lawyer Answers
Leonard R. Boyer
Leonard R. Boyer
Answered
  • Clifton, NJ
  • Licensed in New Jersey

A: The violation of a Final Restraining Order is criminal in nature, but the FRO is civil in nature. This situation is very fact sensitive and it is possible that with an appropriate Motion made to the Presiding Judge of the Matrimonial Part or if the Judge who issued the FRO is still in the Family Part to that Judge. If you do that and the Judge rules in your favor, you should keep the Order in your possession at the wedding. Good luck.

Richard Diamond
Richard Diamond
Answered
  • Millburn, NJ
  • Licensed in New Jersey

A: The short answer is that without a consent order permitting both of them to be at the same function together, it is a violation of the restraining order and he can be arrested and criminally charged. My suggestion is that he ( through counsel or through a mutual acquaintance) reach out to the ex and ask her if she is willing to enter a consent order permitting both of them to be present / participate in the wedding. If she agrees, then they can reach out to the domestic violence intake office in the county where the restraining order was entered to get an amendment to that order permitting them both to participate in the wedding on that date. She may want the restraining order to remain in place for every other day but the amendment can be made specific to that date or to specific dates connected to the wedding ( ie the rehearsal dinner) but that otherwise all of the restraints remain in place. If he does nothing and simply plans to attend, he does so at his peril, because immediately after the wedding, she can contact the police and he will be arrested - the fact that it is their daughters wedding is not an excuse and he needs to take proactive steps now to make sure that it goes smoothly.

Bari Weinberger
Bari Weinberger
Answered
  • Parsippany, NJ
  • Licensed in New Jersey

A: Thank you for your question. I'm sorry to hear about the final restraining order. Technically, the individual who has the restraining order against him cannot be in the same building (i.e. a church) as a person who has the restraining order. What can be done however is, in advance of the wedding, return to Court and have the Court set forth some parameters to be put in place wherein the father is permitted at the church as long as he does not come within a certain distance of the mother, talk to the mother etc. Considering the importance of the event and considering, presumably, that the party's daughter wants her father to be there, the court will likely accommodate such a request even if it is opposed.. Certainly this is something should explore with an attorney and I strongly recommend you seek a consultation with a Family Law attorney to make sure that the it is done properly and there are no incidents at the church..

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