{"id":3037,"date":"2025-10-31T15:33:52","date_gmt":"2025-10-31T19:33:52","guid":{"rendered":"https:\/\/thedurstfirm.com\/?p=3037"},"modified":"2025-10-22T15:59:06","modified_gmt":"2025-10-22T19:59:06","slug":"case-alert-dont-let-a-final-restraining-order-keep-you-from-returning-to-work","status":"publish","type":"post","link":"https:\/\/thedurstfirm.com\/?p=3037","title":{"rendered":"CASE ALERT: Don&#8217;t let a Final Restraining Order keep you from returning to work."},"content":{"rendered":"\n<p>Having a restraining order entered against you can have serious ramifications. One such consequence is being unable to return to your place of employment if you and the victim work at the same location. We are often sought out by clients after they have had disappointing experiences with their prior attorney or after attempting to handle the situation on their own. While it&#8217;s always easier to get it done right the first time, we welcome these opportunities to help right a wrong. We recently had a client hire The Durst Firm in an effort to see if the restrictions imposed by a final restraining  could be modified to allow the individual to return to work.  <\/p>\n\n\n\n<figure class=\"wp-block-image size-full\"><a href=\"https:\/\/thedurstfirm.com\/wp-content\/uploads\/2025\/10\/czNmcy1wcml2YXRlL3Jhd3BpeGVsX2ltYWdlcy93ZWJzaXRlX2NvbnRlbnQvbHIvZmw1MDkwMjc4MDYwNy1pbWFnZS1rdTJjbWtobi5qcGc.jpg\"><img loading=\"lazy\" decoding=\"async\" width=\"1300\" height=\"866\" src=\"https:\/\/thedurstfirm.com\/wp-content\/uploads\/2025\/10\/czNmcy1wcml2YXRlL3Jhd3BpeGVsX2ltYWdlcy93ZWJzaXRlX2NvbnRlbnQvbHIvZmw1MDkwMjc4MDYwNy1pbWFnZS1rdTJjbWtobi5qcGc.jpg\" alt=\"Canteen office space after renovation\" class=\"wp-image-3038\" srcset=\"https:\/\/thedurstfirm.com\/wp-content\/uploads\/2025\/10\/czNmcy1wcml2YXRlL3Jhd3BpeGVsX2ltYWdlcy93ZWJzaXRlX2NvbnRlbnQvbHIvZmw1MDkwMjc4MDYwNy1pbWFnZS1rdTJjbWtobi5qcGc.jpg 1300w, https:\/\/thedurstfirm.com\/wp-content\/uploads\/2025\/10\/czNmcy1wcml2YXRlL3Jhd3BpeGVsX2ltYWdlcy93ZWJzaXRlX2NvbnRlbnQvbHIvZmw1MDkwMjc4MDYwNy1pbWFnZS1rdTJjbWtobi5qcGc-300x200.jpg 300w, https:\/\/thedurstfirm.com\/wp-content\/uploads\/2025\/10\/czNmcy1wcml2YXRlL3Jhd3BpeGVsX2ltYWdlcy93ZWJzaXRlX2NvbnRlbnQvbHIvZmw1MDkwMjc4MDYwNy1pbWFnZS1rdTJjbWtobi5qcGc-1024x682.jpg 1024w, https:\/\/thedurstfirm.com\/wp-content\/uploads\/2025\/10\/czNmcy1wcml2YXRlL3Jhd3BpeGVsX2ltYWdlcy93ZWJzaXRlX2NvbnRlbnQvbHIvZmw1MDkwMjc4MDYwNy1pbWFnZS1rdTJjbWtobi5qcGc-768x512.jpg 768w\" sizes=\"auto, (max-width: 1300px) 100vw, 1300px\" \/><\/a><figcaption class=\"wp-element-caption\"><a href=\"https:\/\/www.rawpixel.com\/image\/4032567\/photo-image-background-wood-table\" rel=\"nofollow\">Canteen office space after renovation<\/a> by <a href=\"\" rel=\"nofollow\">National Park Service<\/a> is licensed under <a href=\"https:\/\/creativecommons.org\/publicdomain\/zero\/1.0\/\" rel=\"nofollow\">CC-CC0 1.0<\/a><\/figcaption><\/figure>\n\n\n\n<p>In this case, our client had unique skills which resulted in a substantial earning capacity. However, both the plaintiff and defendant were employed at the same company. As a result of the final restraining our client was unable to return to his job. This created an undue and substantial financial hardship, one which we felt was unwarranted given the facts of the case and the unique conditions of their respective jobs.  Our job was to present an argument that would lead the court to agree with us.<\/p>\n\n\n\n<p>After reviewing the situation with our client, we realized that we would be able to demonstrate for the court that:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>The parties work in distinctly separate departments<\/li>\n\n\n\n<li>The parties had separate and independent responsibilities<\/li>\n\n\n\n<li>The parties had no supervisory or other authority over the other<\/li>\n\n\n\n<li>The parties could schedule their work hours so as not to be on site at the same time<\/li>\n<\/ul>\n\n\n\n<p>After reviewing our submission and listening to oral argument at a lengthy hearing, the court accepted our position and was compelled to amend the final restraining order and thereby allow our client to return to work.  This outcome depended upon our ability to substantiate and present facts and circumstances to the court, which would allow the judge to feel comfortable granting the relief we were requesting while maintaining adequate protections for the victim. Not every shared employment situation may allow for the necessary accommodations and scheduling adjustments and the parties may not have independent spheres of responsibility. We cannot guarantee success in every situation.  But if you find yourself barred from your workplace as a result of a restraining order, the Durst Firm may be able to help.<\/p>\n\n\n\n<p><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Having a restraining order entered against you can have serious ramifications. One such consequence is being unable to return to your place of employment if you and the victim work at the same location. We are often sought out by &hellip; <a href=\"https:\/\/thedurstfirm.com\/?p=3037\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":true,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2},"_wpas_customize_per_network":false},"categories":[28],"tags":[36,32,37,47],"class_list":["post-3037","post","type-post","status-publish","format-standard","hentry","category-durstfirm-news","tag-domestic-violence","tag-durst","tag-dv","tag-nj"],"jetpack_publicize_connections":[],"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"jetpack_shortlink":"https:\/\/wp.me\/p6omM8-MZ","jetpack_likes_enabled":true,"jetpack-related-posts":[{"id":911,"url":"https:\/\/thedurstfirm.com\/?p=911","url_meta":{"origin":3037,"position":0},"title":"Prior history of Domestic Violence not proper basis to issue a restraining order","author":"Sandy Durst","date":"October 15, 2012","format":false,"excerpt":"When a victim of domestic violence is seeking a restraining order, NJ courts are required to examine the acts or acts which prompted the request for a temporary restraining order as well as the past history of domestic violence, if any exists.\u00a0 The prior acts do not have to have\u2026","rel":"","context":"In &quot;Durst Firm News&quot;","block_context":{"text":"Durst Firm News","link":"https:\/\/thedurstfirm.com\/?cat=28"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":2988,"url":"https:\/\/thedurstfirm.com\/?p=2988","url_meta":{"origin":3037,"position":1},"title":"Life with a Restraining Order","author":"Sandy Durst","date":"April 9, 2025","format":false,"excerpt":"If you have a restraining order entered against you, whether it be a Temporary Restraining Order (TRO) or a Final Restraining Order (FRO) it goes without saying that life gets complicated. Routine events and occasions call for diligent planning so as to avoid violating the terms of your restraining order.\u2026","rel":"","context":"In &quot;Durst Firm News&quot;","block_context":{"text":"Durst Firm News","link":"https:\/\/thedurstfirm.com\/?cat=28"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/thedurstfirm.com\/wp-content\/uploads\/2025\/04\/handcuffs.png?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/thedurstfirm.com\/wp-content\/uploads\/2025\/04\/handcuffs.png?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/thedurstfirm.com\/wp-content\/uploads\/2025\/04\/handcuffs.png?resize=525%2C300&ssl=1 1.5x, https:\/\/i0.wp.com\/thedurstfirm.com\/wp-content\/uploads\/2025\/04\/handcuffs.png?resize=700%2C400&ssl=1 2x"},"classes":[]},{"id":2753,"url":"https:\/\/thedurstfirm.com\/?p=2753","url_meta":{"origin":3037,"position":2},"title":"www.nj.com\/mercer\/2022\/02\/man-charged-with-attempted-murder-restraining-order-violation-in-shooting-of-ex-girlfriend-at-gas-station.html Domestic violence is a\u2026","author":"Sandy Durst","date":"February 12, 2022","format":false,"excerpt":"www.nj.com\/mercer\/2022\/02\/man-charged-with-attempted-murder-restraining-order-violation-in-shooting-of-ex-girlfriend-at-gas-station.html Domestic violence is a serious problem. While the court system has made great strides in protecting victims, this article illustrates the unfortunate limitations of the protections offered by a restraining order. If you are the victim of domestic violence, The Durst Firm can help.","rel":"","context":"In &quot;Durst Firm News&quot;","block_context":{"text":"Durst Firm News","link":"https:\/\/thedurstfirm.com\/?cat=28"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/secureservercdn.net\/198.71.233.39\/8a0.dd0.myftpupload.com\/wp-content\/uploads\/2022\/02\/image_86242360-6cf4-4f27-b7df-c5d6a7da6107.jpg?resize=350%2C200&ssl=1","width":350,"height":200},"classes":[]},{"id":997,"url":"https:\/\/thedurstfirm.com\/?p=997","url_meta":{"origin":3037,"position":3},"title":"Finding of ongoing need for protection required for entry of Final Restraining Order","author":"Sandy Durst","date":"January 31, 2013","format":false,"excerpt":"A recent unreported Appellate Division decision highlights an important component of the analysis required to determine if a Domestic Violence Restraining Order is necessary in a particular case. Court are called upon to determine when routine domestic squabbles cross the line and constitute domestic violence. When deciding if a final\u2026","rel":"","context":"In &quot;Durst Firm News&quot;","block_context":{"text":"Durst Firm News","link":"https:\/\/thedurstfirm.com\/?cat=28"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":1198,"url":"https:\/\/thedurstfirm.com\/?p=1198","url_meta":{"origin":3037,"position":4},"title":"What do I need to prove in order to get a restraining order?","author":"Sandy Durst","date":"October 10, 2013","format":false,"excerpt":"In order to obtain a domestic violence restraining order under NJ law, the alleged victim must show (1) that the offending party had the intent to commit the underlying act, and (2) that the issuance of a restraining order is necessary for ongoing protection.\u00a0 If the court does not make\u2026","rel":"","context":"In &quot;Durst Firm News&quot;","block_context":{"text":"Durst Firm News","link":"https:\/\/thedurstfirm.com\/?cat=28"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":930,"url":"https:\/\/thedurstfirm.com\/?p=930","url_meta":{"origin":3037,"position":5},"title":"Domestic violence &#038; temporary custody","author":"Sandy Durst","date":"October 23, 2012","format":false,"excerpt":"In a recently decided appellate division case, the panel reaffirmed the current law in NJ which holds that there is a presumption in favor of the victim of domestic violence having temporary custody of the children. Also, it appears, for reasons that are not fully explained in the brief summary,\u2026","rel":"","context":"In &quot;Durst Firm News&quot;","block_context":{"text":"Durst Firm News","link":"https:\/\/thedurstfirm.com\/?cat=28"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]}],"_links":{"self":[{"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=\/wp\/v2\/posts\/3037","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=3037"}],"version-history":[{"count":2,"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=\/wp\/v2\/posts\/3037\/revisions"}],"predecessor-version":[{"id":3040,"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=\/wp\/v2\/posts\/3037\/revisions\/3040"}],"wp:attachment":[{"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=3037"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=3037"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=3037"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}