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Know the Laws: New Jersey

UPDATED June 8, 2012

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A restraining order is a civil order that provides protection from harm by a family or household member.

Basic information

back to topWhat is a restraining order?

A restraining order is a civil order issued by a judge that provides protection for you and your family from harm by a spouse or former spouse, a present or former household member, a person you have a child in common with or expect to have a child in common with (if you are currently pregnant), or a person you've had a dating relationship with.*

* NJSA § 2C:25-19(d)
  

 

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back to topWhat is the legal definition of domestic violence in NJ?

This section defines domestic violence for the purposes of getting a restraining order.

Domestic violence is when an adult (or an emancipated minor) who has the relationship to you that is described here commits one of the following crimes against you:

  1. homicide
  2. assault
  3. terroristic threats
  4. kidnapping
  5. criminal restraint
  6. false imprisonment
  7. sexual assault
  8. criminal sexual contact
  9. lewdness
  10. criminal mischief
  11. burglary
  12. criminal trespass
  13. harassment
  14. stalking.*

You can find the definition of each of the above crimes on our NJ Statutes page.

Note: An emancipated minor is someone who is under 18 but who has been married, has entered military service, has a child, is pregnant or has been emancipated by a court.**  If an unemancipated minor commits one of the above acts, it can be the basis for a delinquency petition* (which is different than a petition for a restraining order).  You can read more about delinquency petitions on our NJ Statutes page.

* NJSA § 2C:25-19(a)
** NJSA § 2C:25-19(e)

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back to topWhat types of restraining orders are there? How long do they last?

In NJ, there are a few different types of restraining orders. The type of restraining order you get depends on whether or not the judge believes you need immediate protection from the abuser.

Emergency order
If you need immediate protection when the courts are closed (such as on a weekend, late night or holiday), you can call your local police department or 911.  There will be a judge on call who is assigned to handle emergency requests for restraining orders.  The police should tell you if it is a judge from the Family Part of the Chancery Division of the Superior Court or if it is a municipal court judge who is available to provide emergency temporary restraining orders.  If the judge thinks that the order is necessary to protect your life, health or well-being, s/he may grant you an emergency order.*   An emergency order is designed to give you protection until a court opens and you have a chance to ask for an ex parte temporary restraining order (TRO).  The emergency order will last until a judge of the Family Part of the Chancery Division of the Superior Court grants you or denies you a further order.  Note: If a municipal judge denies you an emergency temporary order, you can re-file with a judge of the Family Part of the Chancery Division of the Superior Court for an emergency order based on the same incident.**

Temporary restraining order (TRO)
When you file a complaint for a restraining order during normal court business hours, you can ask for a temporary restraining order to be issued immediately.  A judge will give you this ex parte temporary restraining order (TRO) if s/he finds that the order is necessary to protect your life, health or well-being and cannot wait to receive an order at the hearing for a final restraining order.  An "ex parte" TRO means that the judge will make this decision based only on the information you provide, without the abuser being in court.  If you cannot be physically present in court due to extreme circumstances, a judge can issue a temporary restraining order upon the sworn testimony or complaint of you or of a person who represents you if you are physically or mentally incapable of filing personally. This temporary order will last until your full court hearing for the final restraining order where the abuser has an opportunity to testify and present evidence.**  A full court hearing for a final restraining order will be scheduled within 10 days after a temporary restraining order is issued.***

Final restraining order
After a hearing in which you both have an opportunity to tell your side of the story through testimony, evidence, and witnesses, a judge can grant you a final restraining order.  Unless there is an expiration date on it, a final restraining order can last forever --or until one of one of the parties files a legal motion in court asking the judge to end or modify (change) the order and the judge agrees.****

* NJSA §§ 2C:25-28(a); 2C:25-28(f)
** NJSA § 2C:25-28(h),(i)
*** NJSA § 2C:25-29(a)
**** NJSA § 2C:25-29(d)

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back to topHow can a restraining order help me?

A temporary, ex parte order can:

  • forbid the defendant from returning to the scene of the domestic violence (except with a police officer to pick up personal belongings at a specific time/date);
  • forbid the defendant from possessing any firearm or certain other weapons (unless s/he is a law enforcement officer or in the military - then s/he can possess firearms while on duty);
  • order the police to search for and take any weapon (and firearms permit) at any location where the judge has reasonable cause to believe the weapon is located;
  • give you possession of any animal owned or kept by you, the defendant, or a child who lives in either household; and/or
  • order anything else the judge believes is appropriate.* 

A final restraining order can order the abuser to:

  • not commit domestic violence against you and not to threaten to harm, harass, or stalk you or anyone else named in the restraining order;
  • stay away from the home, property, school, work or any other place that is named in the restraining order of you and your family or household members;
  • pay or to continue to pay the rent or mortgage on your home if the judge decides that the abuser has a duty to support you or your children;
  • not make any contact with you or others that is likely to annoy or alarm you, including contact in person, by telephone, in writing, or through a third person with you or your family members, employers, other workers, etc;
  • pay you for reasonable losses resulting from the abuse (some examples of this are: loss of earnings or support, the cost of injuries, moving or travel expenses, the replacement or repair of property damaged or taken by the abuser, attorney and counseling fees, compensation for pain and suffering, etc.);
  • be prohibited from purchasing, owning or possessing a firearm or other weapons, and order the search for and seizure of any firearm or other weapons at any place where the judge has reasonable cause to believe a weapon is located;
  • attend domestic violence counseling;
  • undergo a psychiatric evaluation; and
  • report to the court to monitor that the abuser is following the terms.

A final restraining order can also give you the following:

  • sole possession of the home where you both live (in other words, remove the abuser from the home).  The judge can order this even if the home is owned or leased only by the abuser, not you.  If, however, it is not possible for you to stay in the home, the judge can order the abuser to pay your rent for a new place if the abuser has a duty to support you;
  • temporary custody and state how often the abuser can see your minor children, specify the time and place of parenting time, and require supervision or the participation of a third party.  Note: If the abuser is granted parenting time and then threatens the safety and well-being of your children in some way, you can apply for an emergency hearing and the judge will consider suspending the abuser's parenting time;
  • temporary possession of personal property such as a car, checkbook, health insurance documentation, ID, a key, and other personal items to either you or the abuser;
  • emergency financial support from the abuser, including support for your minor children;
  • an order that a law enforcement officer must accompany you or the abuser to your home or shared workplace to supervise the removal of personal items; and
  • possession of any animal owned or kept by you, the defendant, or a child who lives in either household; and/or
  • any other appropriate relief you request for you or your dependent children.**

Whether a judge orders any or all of the above depends on the facts of your case.

* NJSA 2C:25-28(j),(k)
** NJSA § 2C:25-29(b)

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back to topIn which county can I file for a restraining order?

You can file a petition in the county where you live (or where you are temporarily living, if you’ve left home to avoid further abuse), in the county where the abuser lives, or in the county where the abuse occurred.*  However, if you are trying to keep your address confidential, filing in the county where you have fled to would likely not be a good idea since it would alert the abuser to the fact that you are living in that county.

* NJSA § 2C:25-28(a)

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