How to Get a Restraining Order in New Jersey

Trust, love, and security are at the heart of all positive romantic relationships. Unfortunately, this trust is completely betrayed when someone commits an act of domestic violence. Spouses or partners should never put another down, under any circumstances. If you are a victim of domestic violence, you most likely still love your partner and are therefore confused he or she could treat you in such a way. However, you must never make excuses, because domestic abuse is never okay. If it happened once, it’ll happen again. However, this can only happen if you let it. Please, do the right thing–report your abuser and contact an experienced and compassionate attorney who can help you get to safety. Time is of the essence. Here are some of the questions you may have about the path going forward:

Are victims of domestic violence protected under the law?

Fortunately, yes. New Jersey recognized the severity of domestic violence cases in the 1991 Prevention of Domestic Violence Act. Under this law, victims of domestic violence can always request criminal and civil relief for the hardship and suffering they endured at the hands of their abuser.

How do I get a restraining order in New Jersey?

The first thing you must do is go to your local court or police station and report the incident of domestic violence. They will grant you a temporary restraining order, or TRO. Some behavior that classifies as domestic abuse that will most likely grant you a TRO is as follows:

  • Harassment
  • Assault
  • Stalking
  • Physical abuse
  • Emotional or psychological abuse
  • Terroristic threats
  • Imprisonment 

Once you obtain your temporary restraining order, the court will schedule a Final Restraining Order hearing, which is where a judge will determine whether your temporary restraining order will be made permanent. If the restraining order is made permanent, you can choose whether you wish to press criminal charges against your abuser to hold him or her accountable for illegal activity. If you choose to do so, you will file a Criminal Complaint where you reside, where the violent party resides, where the incident occurred, or where you are currently sheltered, if applicable. Once your permanent restraining order is granted, you and your family should have sufficient protection from your abuser.

Contact our experienced New Jersey firm

If you need somebody who understands your situation and who can help you get to safety, please do not hesitate to call the National Domestic Abuse Hotline at 1-800-799-7233.

Our firm proudly represents clients in New Jersey who are faced with matters of family law, criminal defense, business law, real estate law, or estate planning. If you require strong and dedicated representation for any of your legal matters, contact The Law Offices of George J. Mardinly to schedule a consultation.