Burlington, NJ asked in Family Law for New Jersey

Q: If I put a restraining order on my wife would she not be able to receive her cosmetology state license?

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2 Lawyer Answers
Richard Diamond
Richard Diamond
Answered
  • Millburn, NJ
  • Licensed in New Jersey

A: That is an interesting question.

Our office handles a tremendous number of domestic violence matters each year (on behalf of those seeking to obtain restraining orders and an equal amount of those accused of domestic violence) and I know that certain licensing ( ie lawyers license to practice) is affected by the issuance of a final restraining order but I have not dealt with a setting where there was concern over whether the issuance of a final restraining order would prevent someone from applying for her cosmetology license.

As a result, I checked the website for the New Jersey State Board of Cosmetology and Hairstyling

https://www.njconsumeraffairs.gov/cos

And I reviewed the licensing information contained on that page as well as the "frequently asked questions" section and don't see anything addressing the issue of whether the issuance of a domestic violence restraining order impacts / precludes someone from obtaining or maintaining her licensing from the Cosmetology and Hairstyling Board.

My suggestion is that you contact the board and ask them directly for a definitive answer to your question or alternatively, ask your spouse if she would consider meeting with a family law mediator to try and resolve the issues outstanding between the 2 of you to avoid the necessity of having to file an application in the first place.

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

A: You cannot just "put a restraining order" on your wife. You have to have a legitimate legal basis to seek a Temporary Restraining Order under the Prevention of Domestic Violence Act. Then there has to be either a trial or a settlement, which does not necessarily mean that you will be able to obtain a Final Restraining Order against your soon-to-be ex-wife. As for her being cosmetology state license, irrespective of the laws and regulations, whether or not she can qualify is less important than whether a prospective employer will run a background check and determine that they do not want to hire her. The Prevention of Domestic Violence Act is a law that is intended to be used as a shield, not a sword.

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