Restraining Orders

Temporary Restraining Orders (TRO)

A Temporary Restraining Order is an emergency court order issued ex parte — meaning the judge hears only the plaintiff's account before issuing the order. A TRO can be granted the same day it is applied for, and it immediately restricts the defendant from contacting or approaching the plaintiff. It may also require the defendant to vacate a shared residence, surrender firearms, and comply with other conditions.

If you are the plaintiff, our attorneys can help you prepare a clear, compelling application that accurately presents the facts to the court. If you are the defendant, you must act immediately — a TRO is only temporary, but the FRO hearing typically occurs within 10 days, and the consequences of a Final Restraining Order are permanent.

• Same-day TRO applications in Family Court
• Emergency representation for defendants served with TROs
• Guidance on TRO conditions and compliance
• Preparation for the FRO hearing from day one

Final Restraining Order (FRO) Trials

The FRO hearing is a trial. Both parties present testimony and evidence, witnesses may be called, and the judge applies the two-part legal test established in Silver v. Silver, 387 N.J. Super. 112 (App. Div. 2006). The standard of proof is preponderance of the evidence — more likely than not.

A Final Restraining Order in New Jersey is permanent. It does not expire. It is entered into the Domestic Violence Central Registry, which is accessible to law enforcement and certain employers. Violation of an FRO is a criminal offense (contempt of court) punishable by up to 18 months in prison and a $10,000 fine.

For defendants, the FRO hearing is your opportunity to present your defense. For plaintiffs, it is your opportunity to obtain permanent legal protection. In both cases, preparation and experienced advocacy are critical.

Civil Restraints & Federal Court Injunctions

Not all restraining orders arise from domestic violence proceedings. Civil restraints can be obtained in the Chancery Division of New Jersey Superior Court to protect business interests, prevent harassment between neighbors or co-workers, or enjoin a party from taking specific action pending litigation. We also handle injunctive relief applications in the U.S. District Court for the District of New Jersey in appropriate cases.

• Temporary restraints in civil litigation
• Preliminary injunctions in Superior Court (Chancery Division)
• Federal court temporary restraining orders and preliminary injunctions
• Harassment restraining orders (non-domestic)
• Business-related injunctive relief

Modification & Dissolution of Restraining Orders

An FRO is permanent, but it is not necessarily forever. A defendant may file a motion to dissolve or modify a Final Restraining Order under the standard set forth in Carfagno v. Carfagno, 288 N.J. Super. 424 (Ch. Div. 1996). The court applies a multi-factor analysis, including the defendant's compliance with the order, the passage of time, the plaintiff's current fear, and whether the parties have had consensual contact since the FRO was entered.

We represent both defendants seeking dissolution and plaintiffs opposing it. We also handle motions to modify the terms of existing restraining orders — for example, to add or remove specific provisions regarding contact, property, or custody.

Charged with Violating a Restraining Order?

A charge of contempt for violating a restraining order — whether a Temporary Restraining Order or a Final Restraining Order — is a serious criminal matter. Under N.J.S.A. 2C:29-9, a first-offense violation is a disorderly persons offense carrying up to six months in jail and a fine. If the alleged violation involves assault, harassment, or other criminal conduct, the charge can be elevated to a fourth-degree crime or higher, with potential state prison exposure of up to 18 months.

Contempt charges are prosecuted by the county prosecutor's office — not by the plaintiff — which means the plaintiff cannot simply "drop" the case once charges are filed. The State controls the prosecution. This is a critical distinction that many defendants do not understand until it is too late.

Defenses to contempt charges include lack of knowledge of the order's specific terms, ambiguity in the order's language, consent or invitation by the protected party (which, while not a complete defense under NJ law, is relevant to the circumstances), and procedural defects in service or issuance of the original order. Every case turns on its specific facts, and early intervention by an experienced attorney is critical.