Filing and Fighting Restraining Orders in New Jersey

Restraining orders are powerful legal tools meant to protect victims of domestic violence. But in New Jersey, they can also carry severe consequences for the person accused. Whether you’re seeking protection or defending against a false claim, understanding the restraining order process is essential.

What Is a Restraining Order in New Jersey?

A restraining order is a court order that prohibits contact between individuals, usually in the context of domestic violence or harassment. In New Jersey, restraining orders fall under the Prevention of Domestic Violence Act and are meant to ensure the safety of alleged victims.

There are two types of restraining orders:

• Temporary Restraining Order (TRO) – Issued immediately without the accused present
• Final Restraining Order (FRO) – Issued after a court hearing if the judge finds sufficient evidence

Filing a Restraining Order in NJ: What You Need to Know

To file a restraining order in New Jersey, you must:

1. Visit your local courthouse or police station to request a Temporary Restraining Order.
2. Provide details about the domestic violence incident(s), including dates and specific acts (e.g., assault, harassment, stalking).
3. Appear before a judge, who will determine if a TRO is warranted.
4. Attend a Final Restraining Order hearing, typically within 10 days.

A strong case should include:

• Police reports
• Medical records
• Witness statements
• Text messages or emails

Fighting a Restraining Order in NJ: Your Legal Rights

If you’ve been served with a TRO, it’s critical to act fast. A Final Restraining Order (FRO) can lead to:

• Permanent inclusion in the NJ Domestic Violence Registry
• Loss of child custody or visitation rights
• Firearm restrictions
• Impact on employment or immigration status

You have the right to:

• Hire an experienced domestic violence attorney
• Review the complaint and evidence
• Present your side during the FRO hearing
• Cross-examine witnesses
• Submit evidence (alibi, messages, etc.)

Final Restraining Orders in New Jersey are permanent unless overturned on appeal or successfully vacated through the courts.

Can a Restraining Order Be Vacated?

Yes, but only through a formal legal process. The accused (or the protected party) can file a motion to vacate or modify the order. The court will assess whether:

• The victim consents to the removal
• There has been a significant change in circumstances
• The order is no longer necessary

Why Legal Representation Matters

Whether you’re filing or fighting a restraining order, having a skilled New Jersey domestic violence attorney by your side is crucial. At JSD Legal, we:

• Protect your legal rights
• Guide you through every hearing
• Prepare strong, evidence-backed arguments
• Help you avoid life-changing legal consequences

Contact JSD Legal Today

Facing a restraining order in New Jersey is serious—and you don’t have to go through it alone. Whether you need to file for protection or defend your rights against false allegations, JSD Legal is here to help.

📞 Call JSD Legal now for a confidential consultation or fill out our secure online form to get started.