It can be issued in one of two ways. If the application for a Temporary Restraining Order is made during hours when the Superior Court is open, a victim of domestic violence would report to the particular county Domestic Violence Intake Office.
The victim would speak to a hearing officer concerning the alleged act of domestic violence.
If the hearing officer determined that an act of domestic violence had occurred, the victim would then be brought in front of a Superior Court Judge assigned to Family Part who would then hear the application for a Temporary Restraining Order.
If the Superior Court is closed, a victim of domestic violence can apply for a Temporary Restraining Order to a Municipal Court Judge who would speak by telephone with the victim of domestic violence.
After this telephonic communication, a Municipal Court Judge would issue a Temporary Restraining Order if they believed that an act of domestic violence had been committed against the victim.
Please note that the victim is the only person who can apply for a Temporary Restraining Order.
For instance, a police officer cannot apply for a Temporary Restraining Order on a victim’s behalf.
If you or a family member needs help with a domestic violence charge, call us at 732-625-9661.