Quick answer: In New Jersey, a domestic violence restraining order comes in two stages under the Prevention of Domestic Violence Act (N.J.S.A. 2C:25-17 et seq.). A temporary restraining order (TRO) is issued quickly, usually after hearing only from the person asking for protection. A final restraining order (FRO) can be entered only after a full hearing in the Family Part, which the TRO requires to be scheduled within 10 days. An FRO has no built-in end date.
If you are in danger right now, call 911.
This article is general information, not legal advice. It is written for people asking for an order and for people who have been served with one.
What does the Prevention of Domestic Violence Act cover?
The Act defines domestic violence as one of a list of offenses from the New Jersey criminal code, committed against a person the Act protects. Listed offenses include assault, harassment, stalking, terroristic threats, criminal mischief, burglary, criminal trespass, kidnapping and sexual assault, among others. The restraining order case itself is civil, even though the underlying acts are crimes.
The Supreme Court explained in J.D. v. M.D.F. that the Act, first enacted in 1991 and amended several times since, did not create new crimes. The same conduct can lead to a separate criminal case, and a victim may file a domestic violence complaint, a criminal complaint, or both. If you are facing charges, see our criminal defense page.
Who can file for a restraining order in New Jersey?
The Act protects a person who has been subjected to domestic violence by a spouse, former spouse, or present or former household member, if that person is 18 or older or an emancipated minor. Regardless of age, it also protects people abused by someone they have a child with, are expecting a child with, or have dated.
The person accused, called the defendant, must be 18 or older or emancipated, for example by marriage, military service, or having a child. These definitions come from the state’s procedures manuals, and the statute has been amended over the years.
How do you get a TRO in New Jersey?
During regular court hours, a person seeking protection goes to the Family Part of the Superior Court. On weekends, holidays and other times the court is closed, the complaint can be filed through the police before a municipal court judge assigned to hear these complaints. A judge can also issue an emergency TRO by telephone.
The complaint can be filed where the act happened, where the defendant lives, or where the victim lives or is staying in a shelter. The TRO hearing is usually “ex parte,” which means the judge hears only from the person asking for protection, under oath, without notice to the other side. The TRO form allows the order when the judge finds that a prima facie act of domestic violence has been shown and that there is an immediate danger.
Police serve the TRO on the defendant, who has the right to appeal it before the Family Part. If a municipal court judge denies a TRO, the plaintiff can file a new complaint in the Superior Court, Family Division.
What happens at the FRO hearing?
The TRO sets a final hearing in the Superior Court, Chancery Division, Family Part, which must be scheduled within 10 days. Both sides can testify, present evidence and question witnesses. The person seeking the order must prove a qualifying act by a preponderance of the evidence, which means more likely than not.
The judge then asks a second question: is a restraining order necessary to protect the victim from immediate danger or to prevent further abuse? The Supreme Court in J.D. v. M.D.F. adopted this two-step test and said the second step cannot be skipped. The judge weighs factors set out in the statute, including any previous history of domestic violence between the parties.
Due process applies to both sides. The court cannot expand a hearing to acts never included in the complaint. When testimony goes beyond the complaint, courts should liberally grant a short adjournment so the other side can prepare, with the temporary restraints left in place. The TRO form also tells both parties to bring financial records, such as pay stubs and bills.
What can a final restraining order include?
An FRO can bar contact and communication with the protected person and family members, change or suspend parenting time, restrict firearms, give one person use of the home, require counseling or an intervention program, and order financial relief such as support, rent or mortgage payments, and damages. The statute also provides for a civil penalty.
In D.N. v. K.M., the Appellate Division described that penalty as at least $50 and not more than $500, and the trial judge in that case listed entry in the domestic violence registry and fingerprinting among the consequences of an FRO. Violating a restraining order can be contempt, which can lead to arrest and criminal penalties.
| What differs | Temporary restraining order (TRO) | Final restraining order (FRO) |
|---|---|---|
| Who issues it | Family Part judge during court hours; an assigned municipal court judge when the court is closed | Superior Court, Chancery Division, Family Part judge |
| Hearing | Usually ex parte: only the person seeking protection testifies | Full hearing: both sides testify and present evidence |
| What the judge finds | A prima facie act of domestic violence and an immediate danger | A predicate act shown by a preponderance of the evidence, and that an order is necessary |
| How long it lasts | Until further order of the court; the final hearing must be scheduled within 10 days | Until further order of the court; no built-in end date |
| Typical relief | No contact, barred locations, temporary custody, use of the home, emergency support, weapons surrender | Broader: also ongoing support, damages, counseling and a civil penalty |
| Changing it | The defendant can appeal it to the Family Part | Only by court order on an application to the court |
An FRO stays in effect until further order of the court. The parties cannot change it by agreement. Anyone who wants it changed or dissolved has to apply to the court.
How does a restraining order affect custody and parenting time?
A restraining order can directly change custody and parenting time. An FRO may award temporary custody, and the statute tells the court to presume that a child’s best interests are served by custody with the non-abusive parent. Parenting time can be suspended, limited or set on specific terms, and domestic violence history matters in later custody cases.
The Appellate Division has noted that this presumption weakens as time passes without conduct that puts the non-abusive parent or the child at risk. In a custody case, the factors in N.J.S.A. 9:2-4(c) include the history of domestic violence, if any, and the safety of the child and of either parent from physical abuse by the other parent. The Legislature also found that children suffer deep and lasting emotional effects from exposure to domestic violence, even when they are not physically assaulted themselves.
For more on how those factors work, read how New Jersey courts decide child custody and parenting time schedules in New Jersey.
Can both sides have a lawyer at an FRO hearing?
Yes. Either side may hire a lawyer. The Appellate Division held in D.N. v. K.M. that the court does not have to appoint a free lawyer in a private domestic violence case, but due process includes a meaningful opportunity to seek legal representation, and a judge may adjourn the hearing so a party can talk to an attorney.
The Supreme Court observed in J.D. v. M.D.F. that many people in these hearings are unrepresented and unfamiliar with their rights, even though both sides have a lot at stake.
Why talk to The Legal Assistance Center about restraining orders in New Jersey
Danielle Joseph-Key, Esq. is the founder and managing attorney of The Legal Assistance Center. She graduated from Rutgers-Camden School of Law in 2001, has been a member of the New Jersey bar since 2001, has more than 25 years of experience, and is a former municipal prosecutor. She handles TRO and FRO hearings under the Prevention of Domestic Violence Act in the New Jersey Superior Court, Chancery Division, Family Part.
She meets clients in person in Mt. Ephraim and virtually across New Jersey. A free initial 30-minute consultation is available for full representation. If you are handling your own case, a virtual flat-fee Advice & Counsel session starts at $59 with no retainer required.
A final hearing comes quickly, so talk to a lawyer about your case: call (732) 642-5635 or send a message.
