Shrewsbury Restraining Order Lawyer
A restraining order in New Jersey can change where you sleep, whether you can see your children, and whether you are allowed to own a firearm, and it can do all of that within days of a single court appearance, before most people have even found a lawyer. Sanvenero & Cittadino, LLC is a law firm that handles divorce and family law, including domestic violence matters, and represents both people seeking protection and people defending against allegations. Our work as a Shrewsbury restraining order lawyer team reaches clients across Shrewsbury and the rest of Monmouth County, along with Ocean and Middlesex Counties.
These cases are driven by timing. A temporary restraining order can be issued after a one-sided presentation to a judge, often with the other party not present, and the order itself sets a hearing date within ten days. That short window is where evidence gets preserved or lost, where witnesses are identified, and where the groundwork for a final hearing is laid. What a judge decides at that hearing can follow a person into custody litigation, a divorce, a job application, and a gun permit review.
Restraining orders in New Jersey arise under the Prevention of Domestic Violence Act of 1991, a statute that covers relationships far beyond married couples. Spouses, former spouses, people who live or have lived together, parents of a shared child, and dating partners can all be involved. Because the Family Part treats these filings with urgency, the way you approach the first hearing often shapes everything that comes after it.
What a Final Restraining Order Actually Does to Your Life
A temporary order is meant to be short-lived, but a final restraining order, if granted, does not expire. That single fact changes how both sides should treat the hearing. For a person seeking protection, a final order provides durable legal backing, including the ability to bring a contempt charge if the defendant breaches it. For a person defending, it means a permanent record, a standing court order, and a set of collateral consequences that continue long after the immediate dispute has cooled.
Firearms are one of the sharpest consequences. Under a domestic violence restraining order, all firearms must be surrendered and any Firearms Purchaser Identification Card is revoked. For a hunter, a collector, or someone whose work involves a weapon, that is not a minor inconvenience. Possessing a weapon unlawfully afterward is its own criminal exposure: unlawful possession of a handgun is a second-degree offense carrying five to ten years, rifles and shotguns are third-degree offenses with three to five years, and other weapons are fourth-degree offenses with up to eighteen months. The Graves Act adds a mandatory minimum term without parole eligibility for many gun offenses, generally the greater of 42 months or half the sentence imposed, with an 18-month minimum for fourth-degree Graves Act offenses.
Custody is the other pressure point. New Jersey’s custody statute was amended in January 2026 so that child safety is a threshold issue in every custody and parenting-time decision, and the amendments removed the older presumption favoring frequent and continuing contact with both parents. Where there is a history of domestic violence, a parent found to be the offender cannot be given increased custody as a way of repairing the parent-child relationship. A restraining order finding therefore carries real weight in a parenting dispute, and a hearing that looks like a standalone event can become a deciding moment in a custody case.
Why Choose Sanvenero & Cittadino for Restraining Order Matters in Shrewsbury
Sanvenero & Cittadino, LLC is a full-service firm with a practice centered on divorce and family law, serving individuals, families, and business owners throughout Monmouth County, including Shrewsbury, Red Bank, Rumson, Middletown, Holmdel, Colts Neck, Tinton Falls, Freehold, Long Branch, and Asbury Park, as well as Ocean County, Middlesex County, and clients across New Jersey. Our attorneys are admitted in New Jersey, New York, Florida, and the District of Columbia, and several have been recognized by Super Lawyers. The firm’s approach is to communicate clearly, return calls, and explain each step in plain terms, which matters when a hearing is days away and the client is under strain.
Richard Sanvenero, our Managing Partner, is a New Jersey Supreme Court Certified Matrimonial Attorney who previously served as a law clerk in the Family Part of the Superior Court of New Jersey. That background means he has seen domestic violence and family matters from the bench side of the courtroom, which informs how he prepares a client to testify, which evidence is persuasive, and how a restraining order finding will ripple into custody and support. He is also trained in mediation, arbitration, and collaborative divorce, useful when the underlying family dispute needs to be resolved alongside the order itself.
Joshua Cittadino, Founding Partner, brings experience in real estate, construction litigation, personal injury, employment matters, and business transactions, which becomes relevant when a restraining order touches a shared home, a family business, or a workplace. Mike Canarick, Of Counsel and a tax and estate planning attorney, rounds out a team that can address the financial and planning questions that follow when a household splits. Because the firm also handles criminal and municipal court defense, we can respond when a restraining order dispute comes with a related criminal charge, and we can coordinate the family and criminal sides so that nothing said in one forum undermines the other.
Situations That Lead to Restraining Order Cases
- Temporary Restraining Orders Issued Without You Present: A judge may grant a TRO after hearing only the plaintiff’s account, and the order sets a hearing date within ten days, so the defendant often learns of the case when police serve the paperwork.
- Final Restraining Order Hearings: The judge decides by a preponderance of the evidence, meaning more likely than not, whether an act of domestic violence occurred and whether an order is needed to prevent further abuse.
- Restraining Orders Layered Onto a Divorce: Filings often surface when a marriage is breaking down, and the outcome can influence who stays in the marital home, parenting time, and the tone of settlement talks.
- Custody and Parenting-Time Consequences: Under the amended custody statute, safety is a threshold question, so a restraining order finding can reshape a parenting schedule well beyond the hearing itself.
- Contempt Charges for Alleged Violations: Breaching a TRO or FRO can be prosecuted as contempt under N.J.S.A. 2C:29-9, and a contact the defendant considers harmless, such as a text about a child, can still draw a charge.
- Firearm Surrender and FID Revocation: A domestic violence order requires surrender of all firearms and revokes any Firearms Purchaser Identification Card, with criminal exposure for unlawful possession afterward.
- Compensatory Damages and Fees: The Act allows a court to award compensatory damages for losses caused by domestic violence, along with reasonable attorney fees under N.J.S.A. 2C:25-29(b)(4).
- Pretrial Intervention Limits: Where a criminal charge involves domestic violence committed while a TRO or FRO was in effect, or involves violence or threats, there is a presumption against admission to PTI under N.J.S.A. 2C:43-12(b)(2).
What to Do Right Away After a Restraining Order Is Filed or Served
If you have been served with a TRO, read it closely and follow it to the letter, including any provisions about contact, the residence, and firearms. Do not call, text, or message the person who obtained it, even to apologize or to arrange something about your children, and do not ask friends or relatives to pass along messages. Any of that can be framed as a violation and prosecuted as contempt. If the order directs you to leave your home or surrender weapons, comply, then raise any disagreement through your lawyer and the court rather than through the other party.
Mark the hearing date immediately. Because the TRO sets a hearing within ten days, the time to gather evidence is now: preserve text messages, emails, voicemails, social media posts, photographs, call logs, and the names of anyone who witnessed the events described. Do not delete anything, even material that seems unhelpful, since destroyed evidence creates its own problems. Write down your own timeline while your memory is fresh. In Monmouth County these matters are heard in the Family Division at the Monmouth County Courthouse in Freehold, and Shrewsbury residents should plan travel and arrival time accordingly. If you live in the Ocean County or Middlesex County portions of our service area, the Family Division in Toms River or New Brunswick handles domestic violence filings in those counties.
If you are the person seeking protection, document each incident with dates and specifics, keep any injuries photographed, and tell the court clearly why you fear for your safety. If the offender has also been charged criminally, a restraining order and a criminal case can proceed side by side, and what you say in one can be used in the other. This is a reason to speak with an attorney before the hearing, not after. Victims of domestic violence may also be eligible for help through New Jersey’s Victims of Crime Compensation Office, which can assist with costs such as medical care, counseling, lost wages, and relocation. A claim generally must be filed within five years of the crime, and the crime must be reported to police within nine months, or the filing of a restraining order counts for that purpose; eligibility does not depend on the offender being convicted or prosecuted.
A common mistake on both sides is treating the final hearing as informal. It is a trial, with testimony, cross-examination, and a judge making findings. Defendants who go in without preparation often say too much, and plaintiffs who go in without organized evidence sometimes leave the judge with an incomplete picture. Having a Shrewsbury domestic violence attorney review the filing, prepare you to testify, and decide which witnesses and exhibits to present can change the shape of the result.
Frequently Asked Questions About Restraining Orders in Shrewsbury
How fast does a restraining order hearing happen?
A temporary restraining order includes a hearing date within ten days of issuance. That is the hearing at which the court decides whether to enter a final order, so the preparation period is very short.
What is the difference between a TRO and an FRO?
A TRO is an emergency order, often granted after hearing from only one side, that stays in place until the hearing. An FRO is entered after both sides can present evidence, and if granted, it does not expire.
What standard of proof does the judge use?
At a final hearing, the plaintiff must prove the case by a preponderance of the evidence, meaning it is more likely than not that domestic violence occurred and that protection is needed. This is a lower bar than the standard used in criminal trials.
Who can get a restraining order in New Jersey?
The Prevention of Domestic Violence Act reaches current and former spouses, people who live or have lived together, parents of a child in common, and people in dating relationships, among others. The relationship matters because it determines whether the Act applies at all.
Can I be arrested for violating a restraining order?
Yes. Violating a TRO or FRO can be prosecuted as contempt under N.J.S.A. 2C:29-9, and that can happen even when the other person initiated the contact. The order binds the defendant, so the protected person cannot waive it informally.
What happens to my guns if a TRO is issued against me?
Under a domestic violence restraining order, firearms must be surrendered and any Firearms Purchaser Identification Card is revoked. Unlawful possession afterward can lead to serious criminal charges, which is why firearm questions should be addressed with counsel quickly.
Will a restraining order affect my custody case?
It can, significantly. The amended custody statute makes child safety a threshold issue and bars increasing custody for an offending parent as a way to improve the parent-child relationship where there is a history of domestic violence.
Can a restraining order be dropped if the other person changes their mind?
A plaintiff may ask the court to dismiss an order, but the judge decides whether to grant that request and may probe whether the plaintiff is acting voluntarily. A final order stays in effect until the court says otherwise, so informal reconciliation does not end it.
Can I be awarded money if a restraining order is granted?
The Act authorizes compensatory damages for losses directly caused by domestic violence, such as medical costs or lost wages, and allows reasonable attorney fees under N.J.S.A. 2C:25-29(b)(4). Those requests should be raised at the right stage of the case.
Does a restraining order make me ineligible for Pretrial Intervention on a related criminal charge?
Not automatically, but there is a presumption against PTI where the charge involves domestic violence committed while a TRO or FRO was in effect, or involves violence or threats of violence. Overcoming that presumption requires careful advocacy and a developed record.
How does a restraining order interact with a pending divorce?
The two cases often run in parallel in the Family Part, and findings in the restraining order case can influence parenting time, exclusive occupancy of the home, and the leverage each side has in settlement. Coordinating the strategy across both is important.
Is it worth hiring a lawyer if I am the one seeking the order?
Often yes. A plaintiff carries the burden of proof, and organizing evidence, preparing testimony, and anticipating cross-examination can determine whether the judge has what is needed to grant the order. A lawyer can also address related custody and support questions and any VCCO claim.
Serving Restraining Order Clients Across Shrewsbury and Monmouth County
We represent clients in restraining order matters in Shrewsbury and throughout Monmouth County. From Shrewsbury we serve families in neighboring Red Bank, Rumson, Middletown, Holmdel, Colts Neck, Tinton Falls, Freehold, Long Branch, and Asbury Park, and the surrounding communities that sit within the county’s Family Division. Domestic violence filings from these towns are heard through the Monmouth County court system, and our attorneys regularly appear for clients whose cases begin in any of them.
We also represent clients in Ocean County, including Toms River, and across Middlesex County, where the Family Division handles domestic violence matters along with divorce, custody, and support. Our reach extends statewide for clients whose cases take them beyond Monmouth County. Because many restraining order cases overlap with divorce, custody, criminal charges, or firearm questions, clients in all of these communities benefit from one team that can address each piece.
Speak With a Shrewsbury Restraining Order Attorney Today
A restraining order case moves too fast to put off the first call. Whether you are seeking protection or answering allegations, the decisions made in the days after a TRO is issued tend to determine how the final hearing goes. Our Shrewsbury restraining order attorney team can review the filing, explain what the court will weigh, and prepare you to present your side. Call Sanvenero & Cittadino, LLC to schedule a consultation and get a clear plan before your hearing date arrives.