Restraining Orders
and Domestic Violence

NJ Domestic violence is a serious crime which impacts both men and women. Each year, people from every social and economic background are assaulted, harassed, and threatened by their spouses or cohabitants. If you are a victim of domestic violence in New Jersey, it is important to know that you are not alone—help is available. A New Jersey Temporary Restraining Order can provide security and protection from your abuser.

Temporary New Jersey Restraining Order

The objective of a Temporary Restraining Order is to eliminate any physical contact between you and your abuser. An NJ Temporary Restraining Order can include a number of items such as:
An order requiring the person who committed the domestic violence to stay away from a person, home, workplace, school, or other location 

An order to maintain a certain distance from the person who is being protected 

An order not to call or otherwise contact the protected person (by e-mail, text, and/or mail for instance) at home, work, and/or another location 

An order requiring no contact with other relevant and interested persons 

A temporary visitation schedule to see the children with designated locations for pickups and drop offs 

An order for temporary support until the matter is formally addressed in the divorce or non-dissolution division of the courts

Obtaining a Temporary NJ Restraining Order—What You Need To Know
 
If you are a victim of domestic violence in New Jersey, you can obtain a Temporary Restraining Order against your abuser at either the Family Division of your county Superior Court or at your local police station.

NJ Temporary Restraining Order at the Courthouse
(Monday-Friday 8:30 a.m. - 4:00 p.m.)

NJ Temporary Restraining Order at the Police Station
(Monday-Friday 4:00 p.m. - 8:30 a.m. and on weekends)

When you arrive at the county courthouse or police station, tell the clerk or officer on duty that you: 

• Are a victim of NJ domestic abuse
• Would like to file a complaint against your abuser
• Would like a Temporary Restraining Order against your abuser 

After you have filled out paperwork detailing all of the domestic abuse you have suffered (both past and present), a judge will speak to you regarding your situation. Be sure to relay each account of violence carefully and precisely, in order to present an accurate picture of your domestic situation. Once your case has been heard, the judge will determine if a New Jersey Temporary Restraining Order should be issued. 

When the judge grants your Temporary Restraining Order, the police officers have the authority to remove the abuser from your home, in order to protect you from further abuse. Even if the Municipal Court Judge denies your afterhour’s request (through the police) for a Temporary Restraining Order, you may still reapply during normal business hours at the Superior Courthouse.

The Final New Jersey Restraining Order

You and your abuser will be ordered to appear at a final restraining order hearing—approximately 10 days after receiving the Temporary Restraining Order. During this hearing, you and your abuser will both need to appear at court and testify under oath. Many victims of NJ domestic violence have tremendous difficulty coming face to face with their abuser—especially after obtaining a Temporary Restraining Order. As such, it is advisable to contact an experienced NJ Divorce Lawyer to present your case and ensure that a final restraining order is granted.

During this confusing and emotional time, it is important to know that you are not alone. The domestic violence attorneys at Green & Associates are experienced in handling all NJ domestic violence matters and can navigate you through this difficult experience. If you are the victim of domestic violence, call our office immediately at 732-390-0480 to schedule a CONFIDENTIAL consultation with one of our compassionate and experienced NJ domestic violence attorneys.

A restraining order is a court order designed to keep an abuser away from an individual who is physically, mentally, sexually, or verbally abused.
Some examples of abuse or domestic violence are hitting, punching, harassment, rape, property damage, instilling fear, and stalking.

Restraining orders in New Jersey are issued in the state's civil Superior Court system. There are three types of restraining orders: emergency orders, temporary restraining orders, and final restraining orders. An emergency order is issued when there is immediate threat to an individual, and the courts are closed. The emergency order will expire when a temporary restraining order is granted. A temporary order is issued when a judge feels there is a risk to an individual’s life. The temporary order will last until the court date for a final restraining order in ten days. A final order is issued in court when a person has proven that their life is in danger and they need protection.

To receive a restraining order in the state of New Jersey, an individual must know their abuser. The abuser is a current or former spouse, someone who lives in the same household, a person whom an individual shares a child with, someone who is a current or former partner, and a same-sex partner. A minor can apply for a restraining order, whether he or she is emancipated or not. The person abusing a minor is a current or former spouse, someone they have a child with, and a person who the individual is currently dating or formerly dated.

How To Get A Restraining Order

The first step is to get and fill out the forms. The papers can be found at the local courthouse. After they have been completed, do not sign them. They must be signed in front of a court clerk or a notary public. The abuser will be notified of the restraining order and be given the court date. The victim must show up in court to receive a restraining order. Both parties will have a chance to voice their side of the story during the court hearing. The restraining order may be granted at this time.

New Jersey Rules of Court and Domestic Violence
Rule 5:7A. Domestic Violence: Restraining Orders
(a) Application for Temporary Restraining Order. Except as provided in paragraph (b) herein, an applicant for a temporary restraining order shall appear before a judge personally to testify upon the record or by sworn complaint submitted pursuant to N.J.S.A. 2C:25-28. If it appears that the applicant is in danger of domestic violence, the judge shall, upon consideration of the applicant's domestic violence affidavit, complaint or testimony, order emergency relief including ex parte relief, in the nature of a temporary restraining order as authorized by N.J.S.A. 2C:25-17 et seq.
(b) Issuance of Temporary Restraining Order by Electronic Communication. A judge may issue a temporary restraining order upon sworn oral testimony of an applicant who is not physically present. Such sworn oral testimony may be communicated to the judge by telephone, radio or other means of electronic communication. The judge or law enforcement officer assisting the applicant shall contemporaneously record such sworn oral testimony by means of a tape-recording device or stenographic machine if such are available; otherwise, adequate long hand notes summarizing what is said shall be made by the judge. Subsequent to taking the oath, the applicant must identify himself or herself, specify the purpose of the request and disclose the basis of the application. This sworn testimony shall be deemed to be an affidavit for the purposes of issuance of a temporary restraining order. A temporary restraining order may issue if the judge is satisfied that exigent circumstances exist sufficient to excuse the failure of the applicant to appear personally and that sufficient grounds for granting the application have been shown. Upon issuance of the temporary restraining order, the judge shall memorialize the specific terms of the order and shall direct the law enforcement officer assisting the applicant to enter the judge's authorization verbatim on a form, or other appropriate paper, designated the duplicate original temporary restraining order. This order shall be deemed a temporary restraining order for the purpose of N.J.S.A. 2C:25-28. The judge shall direct the law enforcement officer assisting applicant to print the judge's name on the temporary restraining order. The judge shall also contemporaneously record factual determinations. Contemporaneously the judge shall issue a written confirmatory order and shall enter thereon the exact time of issuance of the duplicate order. In all other respects, the method of issuance and contents of the order shall be that required by sub-section (a) of this rule.
(c) Temporary Restraining Order. In court proceedings instituted under the Prevention of Domestic Violence Act of 1990, the judge shall issue a temporary restraining order when the applicant appears to be in danger of domestic violence. The order may be issued ex parte when necessary to protect the life, health, or well-being of a victim on whose behalf the relief is sought.
(d) Final Restraining Order. A final order restraining a defendant shall be issued only on a specific finding of domestic violence or on a stipulation by a defendant to the commission of an act or acts of domestic violence as defined by the statute.
(e) Procedure Upon Arrest Without a Warrant. Whenever a law enforcement officer has effected an arrest without a warrant on a criminal complaint brought for a violation otherwise defined as an offense under the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 et seq., bail may be set and a complaint-warrant may be issued pursuant to the procedures prescribed in R. 3:4-1(b).
(f) Venue in Domestic Violence Proceedings. Venue in domestic violence actions shall be laid in the county where either of the parties resides, in the county where the domestic violence offense took place, or in the county where the victim of domestic violence is sheltered. The final hearing is to be held in the county where the ex parte restraints were ordered, unless good cause is shown for the hearing to be held elsewhere.
Note: Adopted November 1, 1985 to be effective January 2, 1986; paragraph (a) amended, paragraph (b) caption and text amended and new paragraphs (c) and (d) adopted November 2, 1987 to be effective January 1, 1988; caption amended, former paragraph (c) redesignated paragraph (e), former paragraph (d) redesignated paragraph (f) and new paragraphs (c) and (d) adopted November 18, 1993 to be effective immediately; paragraphs (a), (b), and (e) amended July 12, 2002 to be effective September 3, 2002; paragraph (f) amended July 7, 2005 to be effective immediately.

Common Tags: Domestic Violence, Restraining Order, Temporary Restraining Order, Final Restraining Order, Abusive Relationship, Domestic Abuse, Harassment, Assault, Terroristic Threats, Municipal Court, NJ Restraining Order Attorney.

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