
Quoting
jk
I gave you the court procedures. If you can find anything that states a warrant is issued upon application for a restraining order, have at it. That is my point one should not have been issued, but in this instance the warrant was issued the same day the TRO was filed and granted. Since it would be a violation of a persons civil rights to issue a warrant upon nothing more than the fact a person filed for a restraining order, ill stick with the probability you do not understand what you think you understand. The second link I gave you addresses restraining orders and the actions it involves.
As to an TRO and and fro; all
states have them. A temp order is often issued on the word of
the applicant but since the US constitution requires due process, the restrained party must be given a right to defend themselves before a permanent (or in NJ; an FRO or final restraining order) is issued. You are making a big deal about nothing there. Everybody has the right to file for a TRO, the TRO was thrown out and the FRO was never grantedAn arrest warrant must be based on probable cause a crime has been committed. Unless a court deems the facts behind filing for an RO very believable (as in upon the courts inquiry enough believable facts are ascertained the court determines there is probable cause to arrest the restrained party), the court is not going to issue an arrest warrant. It cannot be an automatic action based simply upon filing for a RO since an arrest without probable cause is a violation of the arrested's civil rights. So here is a little backstory I have had a restraining order on this individual for over a year and this person went to the courts and filed a TRO because the criminal trial for the violation of the FRO I currently have in place was coming up. The person violated the FRO on 4 separate occasions and it took the police 3 weeks to issue the warrant for the first violation and by this time I had 4 pending charges, one for a text message sent to my sister threatening me and 3 for throwing bricks through my windows on the first floor of my home. After the first brick was thrown I installed a surveillance system and the last 2 brick instances were caught on video. The initial threat was made on April 1st, the first brick was thrown April 5th and the second April 29th and the last April 30th. The warrant for this person arrest wasn't issued until May 3rd. This warrant was for the initial charge only, I had to call and tell them to hold him because of the 3 other charges pending and he was still released on bail the next day. Now trial is pending and because this person is out on bail they now are able to go to the police station and lie. This person goes to the police department on June 21st and states I followed them home June 20th and was swinging a miniature baseball bat saying "if you bust my windows again I am going to kill you."- A TRO was granted, we go to court I am able to produce my timesheets showing I was at work at the time, I also have a GPS tracker on my phone, so that if by chance something happens to me my mom would be able to figure out my last location without waiting for the police to find me. My GPS pings my location every 10 minutes and uploads it to a separate data base. It shows I was no where near this persons home. So there was no way I could be where this person said I was. I go to court and present my defense and the TRO was thrown out and no FRO Granted. At this point I believe this is done. Fast forward the trial for this person comes up, right before trial they plead guilty to 2 of the 4 charges get a year probation and a 250 fine. I am not happy and express this to the prosecutor but ultimately its their decision. 2 weeks later I get a notice in the mail to appear in Orange Municipal Court, I get the notice on Friday and court is on Tuesday. I am being charged with simple assault. The initial charges were making a terroristic threat but they were downgraded. I advise the judge of the same story I just reiterated here and they advise me to bring the paperwork showing the TRO was dismissed. The person who filed the charges never showed up as well. So I go back to court September 20th and show the judged the paperwork from the TRO dismissal, she advises me that the case will be dismissed. They give me a pink paper showing the dismissal. Now fast-forward to this Friday I am driving home from the mall and I get pulled over and I am arrested on a warrant that was apparently issued almost 4 months ago of which I have no knowledge of. I am handcuffed, finger printed, my mugshot taken and transported from one jail to the next. I get to the secondary jail in the township where the warrant was issued and I am in the same building where the courtroom is located and the case was dismissed, the officers now have the pink paper showing the charges are dismissed and they continue with the process anyway and I have to post bail to be released. So after going through all of this with the court system I still get arrested. I now have an arrest record and fingerprints on file with a mug shot because of someone's error.
and I misread nothing regarding the fact a warrant may have been overlooked. It happens. Unless the court you are in has reviewed the case files thoroughly, the entry of a warrant being issued could be overlooked. it shouldn't but that doesn't mean it never happens.