Domestic Violence Restraining Orders in New Jersey: A Comprehensive Legal Guide

Domestic violence is a deeply serious issue, and New Jersey law provides strong legal protections for victims through restraining orders. At The Davies Law Firm, we understand how overwhelming this process can feel. This guide explains the types of restraining orders available, how the process works, and what protections are included—so you can move forward safely and confidently.

Understanding Domestic Violence Under New Jersey Law

Domestic violence includes a wide range of abusive or threatening behaviors, such as physical assault, harassment, stalking, emotional abuse, and coercive control. New Jersey’s Prevention of Domestic Violence Act protects not only spouses, but former partners, co-parents, household members, and individuals in dating relationships.

To better understand your rights, the New Jersey Courts provide detailed guidance here:
New Jersey Courts – Domestic Violence Self-Help.

Types of Restraining Orders in New Jersey

Temporary Restraining Order (TRO)

A TRO offers immediate legal protection. It can be granted the same day you file and is typically issued “ex parte,” meaning the judge hears only your side initially. Once issued, police serve the order to the defendant. A hearing for a Final Restraining Order (FRO) is typically scheduled within 10 days.

For more general background on TROs, see:
WomensLaw.org – NJ Restraining Order Basics.

Final Restraining Order (FRO)

At the FRO hearing, both parties may present evidence, documents, and witness testimony. If the judge finds proof of domestic violence and an ongoing need for protection, they may issue a Final Restraining Order. Unlike many states, a FRO in New Jersey is permanent unless changed by the court.

The Step-by-Step Process to Obtain a Restraining Order

• File a domestic violence complaint at the Superior Court (Family Division) or your local police department if the courts are closed.
  New Jersey Courts Filing Information
• Request a TRO from a judge. If granted, it goes into immediate effect.
• Collect documentation including police reports, photos of injuries or property damage, medical records, threatening messages, or witness statements.
• Attend the FRO hearing, where each side presents evidence. This is where an attorney’s advocacy is extremely valuable.
• Receive the court’s decision. If a FRO is issued, it becomes enforceable immediately and continues indefinitely.

What Protections a Restraining Order Provides

Depending on the circumstances, a FRO can order the defendant to:

• Have no contact (direct or indirect) with you or your children
• Stay away from your home, job, school, or any place you frequent
• Move out of a shared residence
• Surrender any firearms or weapons pursuant to New Jersey law (NJ DV Manual)
• Pay emergency financial support or reimburse damages
• Comply with custody restrictions and supervised visitation orders

These protections are enforceable statewide and across state lines under federal law, offering strong and consistent safety measures.

How Restraining Orders Affect Divorce and Custody Cases

A restraining order can significantly impact divorce, custody, and support proceedings. Judges take documented domestic violence seriously, especially when determining parenting time and decision-making authority. It can also influence financial matters such as alimony or possession of the marital home.

If you are also considering divorce or custody action, our firm can guide you through both processes. Learn more about our family law services here:
Family Law Services – The Davies Law Firm, P.A.

What to Do if a Restraining Order Is Violated

Violating a restraining order in New Jersey is a criminal offense. If the defendant contacts you, appears at restricted locations, harasses you, or violates any terms of the order, call the police immediately. You may also file a violation complaint with the court.

When You Should Hire an Attorney

While you can represent yourself, restraining order hearings move quickly and involve significant legal consequences. Evidence must be presented clearly, legal arguments must be made effectively, and courtroom procedure must be followed. Having experienced representation can dramatically affect the outcome of your case.

If you need guidance, advocacy, or support, our team is here to help. Schedule a confidential consultation today:
Contact The Davies Law Firm, P.A.