Family Matters

Restraining Orders in New Jersey

In the State of New Jersey, a party can apply for a Temporary Restraining Order under the domestic violence statute to obtain protection from acts of domestic violence from another individual. To qualify for protection under the domestic violence statute, the party must be a “victim of domestic violence”.

The statute defines a party as a “victim of domestic violence” if they are 18 years of age or older, or an emancipated minor, and have been subject to an act of domestic violence by one of the following individuals: a spouse; former spouse; any other person who is currently or has been a household member; a person with whom the victim has a child in common or who the victim anticipates having a child in common; and/or a person with whom the victim has had a dating relationship.

If you meet the requirements set forth above, you may ask whether the actions of the individual against whom you would be seeking a restraining order are acts of domestic violence. The statute sets forth specific actions or behaviors by an individual which qualify as “domestic violence”, including but not limited to:

• harassment,
• cyber harassment,
• stalking, and
• assault.

The burden falls on the party seeking to obtain a temporary restraining order to prove the other party has committed an act of domestic violence. For example, if you are seeking a restraining order under the grounds of harassment, you may provide written communications between you and the other party or call logs showing the frequency in which the other party attempts to communicate with you.

When you initially apply for a Temporary Restraining Order, the hearing is considered ex-parte meaning the party against whom you are seeking the restraining order does not participate. Rather, the Court only considers the information you have provided in your application to decide whether to grant a temporary restraining order. If the Temporary Restraining Order is granted, the matter is then scheduled for a Final Restraining Order Hearing and the other party is permitted to participate in the hearing by way of the party’s own testimony, the introduction of evidence, and the presentation of witness(es). Since you will only be permitted to testify and introduce evidence at the hearing pertaining to what is in the four corners of your Temporary Restraining Order, it is important to include as much information as possible regarding the recent incident prompting you to file for a restraining order as well as any prior incidents of domestic violence. If there is additional information you did not include in your application for the Temporary Restraining Order, you have the ability to file an application to amend your restraining order to include that information.

If you believe you may wish to seek protection under the domestic violence statute, we have a team of attorneys who are available and ready to help you every step of the way.

The information contained in this publication should not be construed as legal advice, is not a substitute for legal counsel, and should not be relied on as such. For legal advice or answers to specific questions, please contact one of our attorneys.