Temporary Restraining Order in New Jersey

How to File for a Temporary Restraining Order (TRO) in New Jersey

When personal safety is at risk due to domestic violence, harassment, stalking, or threats, New Jersey law offers a powerful legal tool known as a Temporary Restraining Order (TRO). A TRO is designed to provide immediate protection from an abuser or harasser. If you or someone you care about is in danger, it is essential to understand the steps involved in obtaining a TRO.

What Is a Temporary Restraining Order?

A Temporary Restraining Order is a court order issued to protect a person from being harmed or harassed by someone else. In New Jersey, it is typically granted in situations involving domestic violence, including physical abuse, threats, stalking, sexual assault, or harassment.

The TRO can include:

• Prohibiting the abuser from contacting or coming near you
• Requiring the abuser to leave a shared home
• Granting temporary custody of children
• Prohibiting the abuser from possessing firearms

Who Can File for a TRO?

In New Jersey, you can file for a TRO if:

• You are 18 or older, or an emancipated minor
• You are a victim of domestic violence (under the Prevention of Domestic Violence Act)
• You have a current or former relationship with the abuser, such as a spouse, dating partner, roommate, or family member

Step-by-Step Guide to Filing for a TRO in New Jersey

1. Go to the Court or Police Department

You can file for a TRO:

• At your local Family Division of the Superior Court during normal business hours
• At your local police department after hours, on weekends, or holidays

You do not need an attorney to file, though legal assistance can help ensure your petition is strong.

2. Complete the Necessary Forms

You’ll be asked to complete a Complaint for a Temporary Restraining Order, where you will:

• Describe the incident(s) of domestic violence
• Specify what kind of protection you’re seeking
• Provide personal information about you and the defendant

Be as specific and detailed as possible in describing the abuse, threats, or harassment. Include dates, locations, injuries, police reports, and any witnesses if applicable.

3. Judge Reviews the Complaint

A judge (either in court or over the phone after hours) will review your complaint the same day and decide whether to issue a TRO. If they believe there is immediate danger, the TRO will be granted right away.

4. Service of the TRO

Once the TRO is issued:

• Law enforcement will serve the abuser (the defendant) with the TRO
• The order takes effect as soon as it is served

The abuser must comply immediately and may face arrest if they violate the order.

5. Final Restraining Order (FRO) Hearing

A Final Restraining Order (FRO) hearing will be scheduled within 10 days of the TRO being issued. This is your opportunity to present evidence and witnesses to support your need for long-term protection.

Both parties can testify, and both may bring lawyers (public defenders are not provided in these civil cases). If the judge determines the abuse occurred and ongoing protection is needed, they will issue a Final Restraining Order, which remains in effect indefinitely unless the court dissolves it.

Additional Tips

• Document everything. Keep a journal of incidents, screenshots of messages, and medical or police reports.
• Seek support. Domestic violence shelters and legal aid organizations can help guide you through the process.
• Safety first. If you feel unsafe, do not confront your abuser or disclose your location. Call 911 if you are in immediate danger.

Resources

• New Jersey Domestic Violence Hotline: 1-800-572-SAFE (7233)
• Legal Services of New Jersey: www.lsnjlaw.org
• NJ Judiciary Domestic Violence Forms: njcourts.gov

Contact a Lawrence Law Attorney Today

Filing for a TRO in New Jersey can be a life-saving decision. The process is designed to be fast and accessible, even without an attorney. If you are in danger or fear for your safety, do not wait—get help now.

If you have questions about your specific case or want help preparing for your FRO hearing, speaking with an attorney can make a difference.

Contact us at (908) 645-1000 to schedule a consultation.