New Jersey's Prevention of Domestic Violence Act (N.J.S.A. 2C:25-17 et seq.) lets a person who has been abused by a spouse, partner, family or household member, or dating partner ask the court for protection. The process has two stages: a Temporary Restraining Order (TRO), often issued the same day without the other person present, and a Final Restraining Order (FRO) hearing, generally held within about 10 days, where both sides can be heard.
If you are in immediate danger, call 911.
Who can get a restraining order?
Protection under the Act depends on two things: the relationship and the conduct.
The relationship. The Act covers people who have been abused by a current or former spouse, a current or former household member, someone they have a child with or are expecting a child with, or someone they have had a dating relationship with.
The conduct. The plaintiff must show that the defendant committed a "predicate act" — one of the offenses listed in the statute, such as assault, harassment, stalking, terroristic threats, criminal mischief, burglary, criminal trespass, cyber-harassment or sexual assault.
People without a qualifying relationship may have other options, such as a protective order under the Sexual Assault Survivor Protection Act.
How do you get a temporary restraining order?
During business hours, you can apply at the Family Part of the Superior Court in your county; for Morris County, that is in Morristown. After hours and on weekends, you can go to the police, who will contact a municipal judge. You do not have to file criminal charges to get a restraining order, though you may do both.
The judge hears your account and decides whether a TRO is needed for your protection. A TRO can:
- Bar the defendant from contacting you, coming to your home or workplace, or contacting certain family members.
- Give you temporary exclusive possession of the home.
- Set temporary custody of children and suspend or limit parenting time.
- Provide emergency financial support.
- Require the defendant to surrender firearms and permits.
The police then serve the TRO on the defendant.
What happens at the final restraining order hearing?
The FRO hearing is a trial in the Family Part before a judge, with sworn testimony, witnesses and evidence such as texts, emails, photographs and medical records. Under Silver v. Silver, the plaintiff must prove two things:
- That the defendant committed a predicate act, by a preponderance of the evidence.
- That a restraining order is necessary to protect the plaintiff from immediate danger or to prevent further abuse. The court looks at the history between the parties, including prior incidents.
Either side may ask for a short adjournment, for example to retain a lawyer, and the TRO generally stays in effect in the meantime.
If the judge enters an FRO, it has no expiration date. The defendant is fingerprinted and photographed and entered in the state's domestic violence registry, and is barred from possessing firearms. The order can also include custody and parenting time terms, support, counseling and a civil penalty. A history of domestic violence is also a factor in later custody decisions.
What should I do if I've been served with a restraining order?
The order is effective as soon as you are served, and the steps you take in the next few days matter.
- Follow every term, including leaving the home if ordered and staying away from listed places.
- Do not contact the plaintiff directly, through friends or family, or on social media — even to apologize, and even if the plaintiff reaches out first. Only you can violate the order, and a violation can lead to arrest and a criminal contempt charge.
- Surrender firearms and permits as directed.
- Preserve evidence: messages, call logs, photographs and the names of witnesses.
- Be careful with criminal charges. If police also filed charges, what you say at the FRO hearing could be used in that case. Talk with a lawyer before you testify.
- Prepare for the hearing. It is your opportunity to present your side, and an FRO carries consequences for your home, children, firearms and, in some cases, employment.
Can a restraining order be dismissed or dissolved?
Before the final hearing, the plaintiff can ask the court to dismiss the TRO, but must generally appear before a judge, who will want to make sure the request is voluntary.
After an FRO is entered, either party can file a motion to dissolve or modify it. The court must find good cause, and it considers factors identified in Carfagno v. Carfagno, such as whether the plaintiff consents, whether the plaintiff still fears the defendant, the history between the parties, and whether the defendant has complied with the order. Restraining orders often intersect with a divorce or a later request to modify custody or support.
Talking to a lawyer about your situation
Whether you need protection or have been served with an order, the hearing moves quickly and the outcome is long-lasting. A consultation can help you understand the process, what evidence matters, and how a restraining order affects custody, your home and any related case.
Gray Law Group is based in Jefferson and serves clients in Morris, Sussex, Warren and Passaic counties and throughout northern New Jersey. You can request a consultation to talk through your situation.
Frequently asked questions
How long does a final restraining order last in New Jersey?
A Final Restraining Order has no expiration date. It stays in effect until a judge dissolves it, which requires an application to the court and a showing of good cause.
Can the person who got the restraining order drop it?
A plaintiff can ask to dismiss a Temporary Restraining Order, but generally must appear before a judge, who will want to confirm the request is voluntary. After a Final Restraining Order is entered, ending it requires a motion to dissolve.
What happens if the protected person contacts me?
The order restrains you, not the plaintiff. Even if the plaintiff calls, texts or invites you over, responding can be treated as a violation of the order, which can lead to arrest and a contempt charge.
Do I need a lawyer for a final restraining order hearing?
You are not required to have one, and many people appear on their own. Because the hearing is a trial with testimony and evidence, and an FRO has permanent consequences, many plaintiffs and defendants choose to be represented.
This website is for informational purposes only and does not constitute legal advice. Prior results do not guarantee a similar outcome.