Need a Restraining Order Lawyer in New Jersey?

It can be quite scary and overwhelming to file a restraining order when feeling unsafe, but the process of getting that restraining order doesn’t have to be difficult at all. A restraining order is a civil court order that prevents the abuser from contacting the petitioner. 

There are two types of restraining orders in New Jersey: domestic violence restraining orders and sexual assault restraining orders. Each of these has different filing requirements. There are also two different phases to a restraining order. The temporary restraining order (TRO) is issued automatically when presented with reasonable grounds and lasts until the court hearing for a final restraining order. A final restraining order (FRO) is permanent and protects the plaintiff indefinitely.

This article covers the most frequently asked questions about filing for a restraining order in New Jersey.

What is a restraining order in New Jersey?

A restraining order in New Jersey is a civil court order that prevents contact with a plaintiff. The plaintiff is the petitioner for the restraining order, and the defendant is the person the restraining order is against. A temporary restraining order is easier to get than a final restraining order. To get a final restraining order, one must go to a hearing and present evidence supporting the need for the restraining order. 

Who can apply for a restraining order in New Jersey?

To apply for a restraining order in New Jersey, one must have some kind of relationship with the defendant. For a domestic violence restraining order, you must be filing against a spouse, cohabitant, former spouse, roommate, or the other parent of a child. For a sexual assault restraining order, you must be filing against someone who has committed, threatened, or attempted sexual assault.

What types of restraining orders are available in New Jersey?

Domestic violence restraining orders are the most common. Domestic violence restraining orders are designed to prevent further abuse. Sexual assault restraining orders are designed to protect individuals at risk of sexual assault. 

A temporary restraining order (TRO) is not as comprehensive as a final restraining order (FRO), as the latter can grant more than just protections for the plaintiff. It can also grant other kinds of relief, such as possession of a pet, changes in custody or parenting time with a shared child, or possession of the residence with the defendant paying a portion or all of the rent or mortgage.

A TRO is a temporary restraining order that only remains in effect until the hearing. During the hearing, the restraining order can become an FRO. An FRO remains in effect indefinitely.

How do I apply for a restraining order in New Jersey?

There are three ways you can apply for a restraining order in New Jersey. The first way is to file for a restraining order with the Family Part of the Chancery Division of the Superior Court in the county in which you live, the county in which the abuser lives, or the county in which the abuse occurred. Go to the courthouse and request the forms for filing for a restraining order. 

If the superior court is closed, an alternative is to go to the municipal court to get a TRO. If the municipal court is also closed and you need immediate protection, you can call the police station and request that they reach out to an on-call judge to issue a temporary restraining order. 

To get a FRO, you must attend a hearing and present evidence that supports the restraining order. 

What evidence do I need to support my application for a restraining order?

The evidence you need to support your application for a restraining order includes police reports and other documentation or witnesses that can show any of the following occurred:

• Assault
• Terroristic threats
• Criminal restraint
• Sexual assault
• Harassment
• Stalking

These are not all of the crimes that fall under the definition of domestic violence. Section 2C:25-19 has a full list. It is also unnecessary that any of these crimes actually occurred. It is possible to get a restraining order just for the threat of any of these items.

A variety of evidence can be used to prove that these occurred or that they are likely to occur without a protective order. An attorney can best identify and gather evidence and witnesses to prove that the order is necessary.

How long does a restraining order last in New Jersey?

A temporary restraining order lasts until the final restraining order hearing, usually about 10 days. A final restraining order is a permanent order that remains in place unless one or both of the parties petition the court to end it.

Is there a fee to file for a restraining order in New Jersey?

There is no fee to file for a restraining order in New Jersey. There are also no fees to have a restraining order served to the other party in New Jersey. In short, there is no cost to the petitioner whatsoever. Instead, the defendant with a restraining order against them must pay $50-500 to the Domestic Violence Victims Fund. This is found in Section 2C:25-29. There are no civil penalties for restraining orders for something other than domestic violence.

What happens after I file for a Temporary Restraining Order?

After you file for a TRO, the defendant will not be able to contact you or interact with you in any way until the hearing. If they violate the TRO, contact the police immediately. This can also strengthen your case for a final restraining order.

Within about 10 days, the hearing for a FRO will take place. During this hearing, you must present evidence to support your claims and need for a restraining order. The defendant will also have an opportunity to present evidence and argue against the restraining order. Having an attorney will ensure your side is adequately fought and your needs are defended.

Do I need a lawyer to get a restraining order in New Jersey?

No. However, it is highly recommended to hire an attorney as soon as possible. An experienced restraining order attorney can help you file for a TRO, and gather evidence for the FRO hearing in the short timeline of 10 days between the TRO and the hearing. The attorney can also present evidence and arguments on your behalf, as well as effectively question and cross-examine witnesses.

What protections does a restraining order provide?

According to Section 2C:25-29 of the New Jersey Statutes, a variety of orders can be included in a restraining order. They include an order: 

• Prohibiting the defendant from purchasing, possessing, or owning firearms. A seizure order for law enforcement to seize firearms registered to the defendant will be included.
• Prohibiting the defendant from committing any act of domestic violence upon the plaintiff
• Providing for parenting time away from the plaintiff, usually utilizing a third party or supervised visitation
• Restraining the defendant from entering the residence, employer, or school of the plaintiff, their family, or other household members. This also includes restraining the defendant from entering places known to be frequented by these individuals as well.
• Restraining the defendant from contacting the plaintiff, including through family and other household members, coworkers, or any other third party the plaintiff knows. 
• Granting a party temporary possession of property such as an automobile, checkbook, documentation of health insurance, keys, etc.
• Awarding temporary custody of a child
• Requiring law enforcement to accompany the defendant to shared residence or business premises to get personal belongings.
• Prohibiting the defendant from stalking, following, or harassing the plaintiff, their family, or other household members

This is not all of the orders that can be included, and other forms of relief may also be possible in a final restraining order. The plaintiff can request additional forms of relief in the hearing, even if they weren’t requested in the temporary restraining order. An attorney can best advise on the relief that you should request in the hearing and will make that request on your behalf in court.

What happens at the FRO hearing?

During the FRO hearing, the plaintiff presents arguments and evidence backing up the need for a restraining order. After the plaintiff presents their case, the defendant has an opportunity to present evidence and argue against the restraining order. The judge then determines if a restraining order is appropriate, and if so, what relief is appropriate.

It is the plaintiff’s responsibility to request relief such as child custody, parenting time, custody of an animal, or possession of a residence or vehicle. Any relief that is requested should be presented during the plaintiff’s arguments. 

Can my request for a restraining order be modified or dismissed?

A restraining order can be modified or dismissed by filing a motion with the court with reasonable grounds for the dismissal of the restraining order. Either party may file for modification or dismissal of a restraining order, and an attorney can assist either party in this process.

What happens if the abuser violates the restraining order?

If the abuser violates the restraining order, they will be arrested for contempt of court. For a first time violation of domestic violence restraining orders, the charge is a fourth-degree felony crime punishable by up to 18 months in prison and a fine of up to $25,000.

Can a restraining order affect child custody or visitation rights?

Yes. The judge may determine that visitation or parenting time should be suspended if it is believed that the defendant may be a danger to the child. Temporary child custody and visitation may be ordered if no other order exists, or temporary child custody and visitation could be ordered even if another order exists.

However, one must take the defendant to a separate court to finalize custody and visitation. This requires filing for divorce, or if  the couple is not married, filing a motion for custody and visitation. An attorney can best assist you during the process of including custody and visitation provisions into the restraining order.

Where can I get help or support if I need a restraining order in New Jersey?

If you need help or support for a restraining order in New Jersey, contact the attorneys at Rosenblum Law. Rosenblum Law attorneys are experienced in helping people get restraining orders against their abusers. Contact us today for a free consultation and case evaluation.