Domestic Violence & Restraining Order FAQs

Domestic violence in New Jersey refers to a pattern of abusive behavior by one individual against another with whom they have a qualifying relationship, as defined under the New Jersey Prevention of Domestic Violence Act (N.J.S.A. 2C:25-17 to 2C:25-35).

The qualifying relationships include current or former spouses, current or former household members, individuals who share a child or expecting a child together, and individuals in a dating relationship.

Domestic violence may involve various forms of abuse, including but not limited to physical abuse such as hitting, punching, choking or any other act that causes bodily harm. Emotion or psychological abuse like constant criticism, humiliation, or controlling behavior that undermines a person’s self-worth or self-esteem. Sexual abuse such as forced or coerced sexual acts, or any non-consensual sexual contact. Economic abuse by controlling a person’s access to financial resources, such as money or assets, to maintain control and dependence. Lastly, stalking or harassment.

If you are a victim of domestic violence in New Jersey, there are several steps you can take to seek protection such as calling the police if you are in immediate danger, obtaining a restraining order, seeking legal assistance, and seeking support services.

A restraining order in New Jersey is a court order issued under the New Jersey Prevention of Domestic Violence Act, designed to protect victims of domestic violence from further harm. It sets specific conditions and restrictions on the person against whom the order is issued (the defendant) to prevent them from contacting, approaching, or causing harm to the victim (the plaintiff).

Go to your local police department or the Family Division of the Superior Court in your county to file a complaint for a restraining order. Provide details about the act(s) of domestic violence, the alleged offender, and any relevant evidence to support your claim.

A Temporary Restraining Order (TRO) is an emergency court order that provides immediate protection from the abuser. To obtain a TRO, you can go to your local police department or the Family Division of the Superior Court in your county. The TRO will include provisions to protect you, such as prohibiting contact and requiring the abuser to stay away from your residence and workplace.

A Final Restraining Order (FRO) hearing in New Jersey is a court proceeding that takes place after a Temporary Restraining Order (TRO) has been issued to determine whether a FRO is necessary to provide the victim with long-term protection from domestic violence. The FRO hearing typically occurs within 10 days of the TRO being issued.

Violating a restraining order in New Jersey is a serious offense with potentially severe consequences. If the defendant (the person against whom the restraining order has been issued) violates any of the provisions specified in the Temporary Restraining Order (TRO) or the Final Restraining Order (FRO), they may face criminal charges, fines, incarceration, additional restraining order provisions, loss of custody or visitation rights, and loss of firearm rights.

In New Jersey, the duration of a restraining order depends on the type of order. A Temporary Restraining Order is an emergency order that provides immediate, short-term protection for the victim. It typically remains in effect until the Final Restraining Order (FRO) hearing, which usually occurs within 10 days of the TRO being issued.

A Final Restraining Order is issued after the court hearing, where both parties have the opportunity to present evidence and testimony. If the judge determines that an act of domestic violence occurred and the victim needs continued protection, they will issue a FRO. In New Jersey, a FRO can remain in effect indefinitely unless it is modified or dismissed by a judge.

Yes, a restraining order can be modified or dissolved in New Jersey, but the process requires petitioning the court and providing a valid reason for the request. Both the plaintiff (victim) and the defendant (person against whom the restraining order was issued) can request a modification or dissolution of a Final Restraining Order (FRO).

Yes, you can seek a restraining order against a family member in New Jersey if you meet the eligibility requirements under the New Jersey Prevention of Domestic Violence Act. To be eligible for a restraining order, you must have a qualifying relationship with the family member against whom you are seeking a restraining order, and you must be a victim of an act of domestic violence as defined by New Jersey law. Acts of domestic violence can include physical assault, harassment, sexual assault, stalking, terroristic threats, criminal mischief, and other offenses.

A domestic violence attorney in New Jersey plays a crucial role in representing and advocating for clients involved in domestic violence cases, whether they are the victim seeking protection or the accused facing allegations. The attorney’s primary responsibilities include providing legal advice, offering guidance and support, representation in court, negotiation or mediation, drafting legal documents, ensuring compliance with court orders, modification or dissolution of restraining orders, and referrals to support services.

As a victim of domestic violence in New Jersey, you have several rights and protections under the New Jersey Prevention of Domestic Violence Act and other relevant laws such as the right to seek protection, right to report to law enforcement, right to press criminal charges, right to medical treatment, right to seek compensation, right to custody and support, right to privacy, right to legal representation, right to access support services.

Yes, you can obtain a restraining order against someone who lives outside of New Jersey if you meet the eligibility criteria for a restraining order under the New Jersey Prevention of Domestic Violence Act. The process for obtaining a restraining order is generally the same as if the person were living within the state.

If you are a victim of domestic violence in New Jersey, it is crucial to prioritize your safety and seek help. Here are some steps you should consider taking: finding a safe place, calling 911, seeking medical attention, reach out for support, obtain a restraining order, document the abuse, consult with an attorney, develop a safety plan, and access resources and services.