Know Your Rights – Restraining Orders
Under New Jersey’s Domestic Violence Prevention Act, batterers can be forbidden to have ANY contact with you, relatives, friends, or anyone else at your home, workplace, school or other locations.Click here if you are unsure about whether you are a victim of domestic violence under the law.
If you are afraid and fear for your safety, you can apply for a restraining order to keep the batterer away from you. Getting a restraining order is a two-part process. Click below to learn more.
If you would like more information or have other legal questions, please call the Staff Attorney at the New Jersey Coalition to End Domestic Violence (NJCEDV) at (609) 584-8107. The Staff Attorney is available to provide legal expertise and resources by way of brief phone consultations with victims of domestic violence on family law, Final Restraining Orders and other domestic violence related legal matters. All calls are kept confidential and with strict attorney client privilege. In addition, the Staff Attorney can provide Technical Assistance to other organizations and individuals assisting victims of domestic violence. Please note that all calls are returned as soon as possible.
Please note: IF YOU ARE IN IMMEDIATE DANGER PLEASE CALL 911 OR THE POLICE.
Additional note: If you require an interpreter in court, one will be provided.
How to Get a Restraining Order
The first step in obtaining a restraining order:
You must obtain a Temporary Restraining Order which is good for a maximum of ten days, unless the court extends the time. In order for the Temporary Restraining Order to be made final, a hearing must be held before a judge of the Superior Court within the ten-day period. The judge will decide if the evidence is sufficient to make the temporary restraining order final or permanent. In New Jersey, final restraining orders last until the court, upon application of one of the parties, vacates the order. The order cannot be vacated without going to court.
How to file during the week
How to file on weekends, nights and holidays
What do I do next if a restraining order is denied?
How to refile a complaint
What do I do once a restraining order is approved?
Your restraining order
Questions About Restraining Orders
This is general information related to domestic violence and the legal system. It does not provide specific advice for your individual circumstances, and it is not a substitute for attorney counseling or representation. If you would like more information, or have specific legal questions, please contact the NJCEDV Staff Attorney at (609) 584-8107.
What should I expect at my final restraining order hearing?
What do I do if my abuser counter-filed for a restraining order or filed a harassment charge in response to my filing for a TRO?
What is a consent order and what makes it valid?
In a restraining order hearing that resulted from my domestic violence incident, what is the judge likely to order?