Restraining orders in New Jersey: TROs, FROs and what to expect

Who can get a domestic violence restraining order

New Jersey's Prevention of Domestic Violence Act (N.J.S.A. 2C:25-17 and following) covers specific relationships. Under N.J.S.A. 2C:25-19, a protected person must be 18 or older or an emancipated minor, and the other person must be a current or former spouse, a current or former household member, someone you have a child with or are expecting a child with, or someone you have dated.

The other person must also have committed one of the offenses listed in the law. These include assault, harassment, stalking, cyber-harassment, terroristic threats, criminal mischief, burglary, trespass, criminal restraint, sexual offenses, coercion, robbery, contempt of a domestic violence order, and any other crime involving risk of death or serious bodily injury.

Getting a temporary restraining order (TRO)

There are two ways to apply. You can go to your local police department, where an officer takes your complaint and contacts a municipal court judge for a recorded phone hearing. Or you can go to the Family Division of the Superior Court, where domestic violence staff interview you and a hearing officer or judge reviews the request.

If the TRO is granted, you get a copy and a date for the final hearing. Police serve the defendant. A TRO can bar the defendant from contacting you and from your home, work and other places. Tell the judge if the defendant has access to firearms. If the request is denied, you can ask for review by a Superior Court judge.

Before the final hearing, you can amend your complaint to add incidents, prior history or new violations.

The final restraining order (FRO) hearing

The final hearing takes place about 10 days after the TRO. It is a trial before a Family Part judge, with no jury. Both sides can testify, call witnesses and present evidence such as texts, photos, emails and video. Contact the court ahead of time about how to submit electronic evidence.

The judge decides two things: whether an act of domestic violence listed in the statute occurred, and whether a final order is needed to protect the plaintiff from future harm. Either side may hire a lawyer or ask for a short delay to get one, but the court does not appoint lawyers in these hearings.

If the plaintiff does not appear, the case may be dismissed. If the defendant does not appear after being served, the judge may enter an FRO anyway.

What an FRO means

A final restraining order does not expire. It stays in effect until a judge dismisses it and is enforceable in every state. The consequences for the defendant are significant.

• No contact with the plaintiff, and exclusion from their home, work and other named places
• A ban on possessing firearms and other weapons
• Fingerprinting and photographing
• A civil penalty of $50 to $500
• Entry in New Jersey's confidential domestic violence central registry (N.J.S.A. 2C:25-34)
• Possible orders on temporary custody, parenting time, support, counseling and exclusive use of the home

The registry and violations

The central registry is maintained by the Administrative Office of the Courts and is confidential. It is not public, but courts, police checking firearm permits and law enforcement job applicants, and the Division of Child Protection and Permanency for certain investigations can access it. Disclosing it for an unauthorized purpose is a crime.

Violating a TRO or FRO can lead to arrest and contempt charges. Reconciling does not cancel an order. Only a judge can dismiss it, and the request must be made in person. While an order is in place, any contact can expose the defendant to prosecution, even if the plaintiff started it.

If there is no qualifying relationship

If you were the victim of sexual contact, sexual penetration, lewdness, stalking or cyber-harassment by someone outside the relationships covered by the domestic violence law, New Jersey's Victim's Assistance and Survivor Protection Act (formerly the Sexual Assault Survivor Protection Act) may allow a temporary and final protective order. Stalking and cyber-harassment were added for conduct on or after January 1, 2024. Those applications are filed with the court, not the police.