Domestic Violence and Restraining Orders in New Jersey

Domestic Violence Law in New Jersey

New Jersey's Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 et seq., provides some of the strongest domestic violence protections in the country. Understanding your rights under the PDVA is critical whether you are a victim seeking protection or a defendant facing allegations.

Who Is Protected Under the PDVA?

The PDVA protects victims of domestic violence who are:

• 18 years of age or older (or an emancipated minor)
• In a qualifying relationship with the alleged abuser:
  • Spouse or former spouse
  • Current or former household member
  • Person with whom the victim has a child in common
  • Person with whom the victim has had a dating relationship

Predicate Acts of Domestic Violence

The PDVA covers 19 predicate acts, including:

• Assault
• Terroristic threats
• Harassment
• Stalking
• Sexual assault
• Criminal restraint
• Burglary
• Criminal mischief
• Cyber-harassment

Temporary Restraining Order (TRO)

A TRO can be obtained immediately — even on nights, weekends, and holidays — from:

• The Family Part of the Superior Court during court hours
• Local police departments after hours

To obtain a TRO, you must demonstrate:

1. You are in a qualifying relationship with the defendant
2. A predicate act of domestic violence occurred
3. There is an immediate danger to your person or property

A TRO can:

• Prohibit the defendant from contacting you
• Remove the defendant from the shared residence
• Award you temporary custody of children
• Prohibit the defendant from possessing firearms

Final Restraining Order (FRO) Hearing

Within 10 days of the TRO, a hearing is held to determine whether a Final Restraining Order should be entered. Both parties can present evidence and testimony.

To obtain an FRO, the plaintiff must prove by a preponderance of the evidence:

1. A predicate act occurred
2. The FRO is necessary to protect the plaintiff from immediate danger or further abuse

Important: Unlike most states, a Final Restraining Order in New Jersey is permanent — it does not expire. It can only be dismissed by the plaintiff's own application or by the court for good cause.

Consequences of a FRO for the Defendant

• Permanent prohibition on contact with the plaintiff
• Possible removal from the shared residence
• Prohibition on possessing firearms
• Entry in the Domestic Violence Central Registry
• Possible criminal charges for any violation

Violating a restraining order is a criminal offense (contempt of court) carrying up to 18 months in prison.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Please consult a licensed New Jersey attorney for advice specific to your situation.