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Limitations and implications of a Civil Restraining Order?

Princeton, NJ |

Wife is dropping FRO request in exchange for civil order. Is this order a court ordered in lieu of FRO? If she's asking for excessive financial contribution, is there a limit to how much percentage of rent she can demand, etc.?

Posted 12 minutes ago. Her legal advisor contacted me and said she will drop the request for FRO if I consent to a civil order which will include agreements for payments for rent, child care, etc., but won't give me any details until court date. Additionally I am on parole for white collar crime and the advisor told me this is a civil matter, not a retraining order... Is this extortion/blackmail??? Or a necessary agreement to avoid an ugly confrontation in the fRO hearing?

Attorney Answers 4

  1. Best answer

    Entering into "Civil Restraints" is a common settlement option for parties in an FRO action. The benefit for the victim/plaintiff is that the restraints are locked in without a trial. The downside to the plaintiff is that the police/prosecutor will not enforce civil restraints with an arrest and criminal contempt charge. The benefit to the aggressor/defendant is that s/he is not placed on the domestic violence registry and can't be arrested for a purported violation. The downside to the defendant is that the restraints are locked in and will be used to characterize the defendant badly in, say, a future custody fight. Spousal and child support are often considered in finalizing an FRO action, so it would not be out ordinary for those issues to be addressed in settlement involving Civil Restraints, even if it feels like blackmail. Still, your case could be blackmail. You should consult with a family law attorney. The support amounts are negotiable, despite the "blackmail." Even better, you may have a great defense and be better served by proceeding to trial on the FRO.

    There are great family law attorneys in the Princeton area. Good luck.

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  2. I don't know what civil order she is asking for but it sounds like she is blackmailing you.

    973-984-0800. Please be advised my answers to questions does not constitute legal advise and you should not rely on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.

  3. A civil restraining order is a consent order executed by the parties and judge and filed with the court that governs the contact the parties will or will not have. For example, if you have children you may agree to communicate via email. It call also include support and custody provisions. You should seek the advice of a lawyer to understand your rights.

  4. You cannot be forced to enter into the civil restraining order. If there is one, the temporary restraining order will be dismissed.

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