How to Obtain a Restraining Order in New Jersey

In the event of domestic violence in New Jersey, the primary remedy is for the victim to pursue a restraining order under the Prevention of Domestic Violence Act (PDVA).

Temporary Restraining Order (TRO)

• Following an incident of domestic violence, a victim can apply for a TRO at the Family Part of the Superior Court during normal business hours or, alternatively, at the local police department including, after regular court hours, on weekends, or holidays.
• A judge will review the application for the TRO, and if they believe immediate danger exists to the victim, the court can issue a TRO without the alleged abuser present.
• The TRO prohibits contact between the parties and may grant the victim temporary possession of the home (if shared with the alleged abuser), temporary custody of children, and order financial support.
• The TRO is served by law enforcement on the alleged abuser, with a hearing date for further proceedings in the Superior Court of New Jersey.

Final Restraining Order (FRO) Hearing

• A hearing for a FRO is typically scheduled within ten days of the TRO issuance. The initial FRO hearing is routinely adjourned, either at the request of either the victim or alleged abuser, to allow the parties to prepare for the hearing and/or attempt to obtain legal counsel. Either party may seek representation of legal counsel, however, the court does not provide attorneys for these cases.
• Once the court is ready to proceed with the FRO hearing, both parties must appear and can present evidence and testimony.  The parties may also call witnesses that they believe support their case.
• The judge hears both sides and determines whether a domestic relationship between the parties exists, if a predicate act of domestic violence occurred, and if a FRO is necessary to keep the victim safe and protect the victim from future acts of domestic violence.
• If the judge grants a FRO, it is indefinite and can include provisions for no contact, prohibited locations, child custody, child support, and other protective measures. The defendant will be fingerprinted, enrolled in a domestic violence registry, fined, and may be required to engage in certain other programs or evaluations, including batterer’s intervention programs, psychological evaluations, alcohol and/or drug evaluations, etc.