Obtaining a Restraining Order in New Jersey: Are You Qualified?


New Jersey allows any victims of domestic violence to seek a restraining order from a Supreme Court judge. The victims must establish that they are covered by the prevention of Domestic Violence Act’s protected person. In addition, they need to prove a domestic violence act took place and that there is a history of domestic violence between the alleged victim and the accused. Also, they must prove that they are in fear for their safety. 

Because of these requirements, not all people can be granted a restraining order in New Jersey. Usually, a temporary restraining order or TRO has fewer requirements, making it easy to get. But all requirements cited above must be met for a final restraining order or FRO to be granted. 

Who Can Obtain a Restraining Order?

Anybody requesting a restraining order should meet some requirements. They have to be at least eighteen years old and have been a domestic violence victim of another party they are seeking the order against. The accused needs to be a spouse, a current or previous household member, an ex-spouse, or somebody the victim has had an intimate relationship with, has a child, and is expecting a child. 

Requirements for Getting an NJ Restraining Order

To get a restraining order in New Jersey, you need to prove the occurrence of a domestic violence act. A lot of crimes would qualify including assault, harassment, criminal mischief, criminal trespass, criminal restraint, kidnapping, and more. 

If you are seeking an order, you need to prove also that previous incidents of domestic violence have happened between you and the accused. Also, the court will only grant a restraining order if you can prove that you are in fear for your safety or the safety of your children. It won’t issue an order just because you want to get back to your spouse after a divorce, get full custody of your children, or retain the marital property. You must clearly demonstrate fear to be issued the court order. 

Should You Hire an Attorney?

If you want to get a restraining order in NJ, you can do so without a lawyer. But having an attorney with extensive knowledge of the law and experience in handling restraining orders can be helpful in establishing grounds for the court order. You must work with an attorney who is well-versed in the state’s domestic violence laws and knows how to meet the requirements set by the court to be issued a restraining order.