What should I know about restraining orders in NJ?


New Jersey takes protecting victims of domestic violence very seriously and understands how important it is to offer these protections to keep their residents safe. New Jersey’s Prevention of Domestic Violence Act seeks to provide victims with two forms of relief from their abuser, civil relief and criminal relief. When a victim seeks civil relief, they are permitted to obtain a restraining order against their abuser. When a victim seeks criminal relief, they can file a criminal complaint with a police officer if there are visible signs of injury. Victims can obtain both civil and criminal relief.

There are two types of restraining orders, a temporary restraining order and a final restraining order. In order to qualify for one, they must file with the Domestic Violence Unit of the Superior Court’s Family Division or at the police department. A judge may grant a temporary restraining order initially but those have expiration dates that the court may determine. If there is a temporary restraining order in place, the victim will have to attend a hearing to determine if a final restraining order is necessary within 10 days of the issuance of the temporary restraining order. Final restraining orders do not expire in order to keep the victim safe. In addition, a final restraining order is valid even if the victim travels outside of the state of New Jersey. This order will ban the abuser from accessing the victim’s home, place of employment, and from any form of contact and communication with the victim.

If you have questions about filing for a restraining order, it is important that you speak with an experienced attorney as soon as possible.

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.