A decision to approve the restrictions of civil protection requires that the plaintiff and the defendant be knowingly, deliberately and voluntarily willing to cease contact with each other. In order for the court to accept a civil protection agreement, the complainant and the accused will take the oath and testify before the judge that they want to continue the civil restrictions. In addition, the applicant will technically reject the injunction to remedy the civil protection measures. Before the injunction is issued, the applicant will verify and sign documents explaining what it means to reject an injunction and draw the domestic violence circuit. During the hearing on the civil protection authorities, the applicant and the defendant are also questioned as to whether they signed the agreement and fully understood the agreement. If and only if the judge is satisfied that both parties understand the agreement and that they knowingly and voluntarily enter into the agreement, the court will accept the civil restrictions and remove the injunction. Although civil restrictions are legally applicable and binding on both parties and both parties are expected to comply with the terms of the agreement, they are not applicable in the same way as an injunction. If a party violates a civil law restriction, it is unlikely that it will have any kind of consequences unless it is expressly requested by a motion to the court. Instead, the parties can agree to reject the final injunction and instead reach an agreement on civil restrictions. If the parties decide to follow this path, they and their lawyers will negotiate the specific terms of the agreement that they will both follow. The terms of a civil protection agreement may include, among other things, the following, but are not limited to: Consider the civil restrictions in which, to some extent, both parties “win”. If both parties are obstacles to civil law and the terms of the agreement can be agreed, a final approval decision is developed and all parties are invited to sign the agreement.
Once the agreement is signed, the parties will appear before the judge assigned to the original interim order and the terms of the agreement will be included in the protocol. In other words, the judge will read the terms in the official minutes and then sign the agreed order. If divorce proceedings have been initiated or have already been initiated, civil restrictions are formally incorporated into this case. As soon as this happens, the injunction is immediately dismissed and the civil protection obligation becomes the final order of the court. If an injunction (TRO) has been served on you or if you are before a final hearing of a Blocking Order (FRO) in Ocean County, New Jersey, one of the possible ways to resolve your case is through an agreement known as “civil restrictions.” Civil protection measures are an excellent alternative to a final injunction.