How Is a Temporary Restraining Order Issued in New Jersey?
In New Jersey, a Temporary Restraining Order (TRO) is a legal measure designed to provide immediate protection for victims of domestic violence.
This order can be issued in two primary ways, depending on when the request is made and court availability. Understanding the process can help you navigate this challenging situation if you or a loved one is involved in a domestic violence case.
Applying for a TRO During Court Hours
If the Superior Court is open, a victim of domestic violence should visit their county’s Domestic Violence Intake Office. There, they’ll speak with a hearing officer who listens to the allegations and reviews any supporting details about the reported abuse.
If the hearing officer determines there’s enough evidence, the victim will appear before a Superior Court Judge assigned to the Family Part. The judge will then evaluate the claims, consider any risk factors, and decide whether to issue a Temporary Restraining Order. This process is meant to ensure the victim receives legal protection as quickly as possible.
Applying for a TRO After Court Hours
If the Superior Court is closed—such as nights, weekends, or holidays—the process involves a Municipal Court Judge. In this case, the victim must contact law enforcement, who will connect them with a judge by phone.
During a telephonic hearing, the judge will speak directly with the victim, asking about the alleged abuse, specific incidents, and any immediate threats. If the judge determines that domestic violence occurred, they will issue a Temporary Restraining Order remotely. This ensures that protection isn’t delayed, even outside regular court hours.
Who Can Apply for a TRO?
It’s essential to understand that only the victim can apply for a TRO in New Jersey. Police officers, family members, or friends cannot file on the victim’s behalf. Law enforcement can assist in connecting the victim with the appropriate court or judge, but the application must be made by the person seeking protection.
What Happens After a TRO Is Issued?
Once a Temporary Restraining Order is granted, it becomes legally binding. The alleged abuser must adhere to specific conditions outlined in the TRO, which can include:
- No contact with the victim (in-person, phone, text, or social media)
- Surrendering firearms and weapons permits
- Staying away from the victim’s home, workplace, or school
- Temporary custody arrangements if children are involved
The next step is a Final Restraining Order (FRO) Hearing, typically scheduled within 10 days of the TRO issuance. Both parties will have the opportunity to present evidence and argue their case before a judge.
Why Legal Representation Matters
Domestic violence cases can have life-altering consequences. A TRO violation can lead to arrest, criminal charges, and potential jail time. Having a skilled legal advocate is critical in navigating this complex process.
Reisig Criminal Defense & DWI Law has nearly three decades of experience defending clients in New Jersey domestic violence cases. Their deep understanding of state law, court procedures, and prosecutor tactics allows them to craft effective legal strategies aimed at protecting their clients’ rights.
Contact an Experienced Domestic Violence Attorney
If you or someone you care about is facing a domestic violence charge or needs help applying for or defending against a Temporary Restraining Order, Reisig Criminal Defense & DWI Law is here to help. With a proven track record and personalized legal guidance, they’ll fight for the best possible outcome.
Call (732) 625-9661 today for a free consultation and get the legal support you need.