Experiencing domestic violence is terrifying and isolating. New Jersey’s Prevention of Domestic Violence Act (PDVA) provides a legal tool – the restraining order – to help protect victims. If you are in Hudson County (e.g., Jersey City, Hoboken, Bayonne, Union City, North Bergen) or Essex County (e.g., Newark, Montclair, East Orange, Irvington, Bloomfield, Livingston) and need protection, this FAQ guide explains the process of obtaining a Temporary Restraining Order (TRO) and potentially a Final Restraining Order (FRO) from your perspective.

1. What counts as “Domestic Violence” in New Jersey?

To get a restraining order, the person harming you (the defendant) must have committed one or more specific criminal acts, known as “predicate acts,” against you. These include, but are not limited to:

• Homicide
• Assault (Simple or Aggravated)
• Terroristic Threats
• Kidnapping
• Criminal Restraint
• False Imprisonment
• Sexual Assault / Criminal Sexual Contact
• Lewdness  
• Criminal Mischief
• Burglary
• Criminal Trespass
• Harassment
• Stalking  
• Cyber-harassment

It’s not just physical abuse; threats, severe harassment, and stalking also count.

2. Who can I get a restraining order against?

You must have a specific relationship with the person you are seeking protection from. You generally qualify if the defendant is:

• Your current or former spouse.
• Someone you live(d) with in the same household.
• Someone you have a child in common with or are expecting a child with.
• Someone you have had a dating relationship with.

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You must be 18 years or older, or an emancipated minor, to file for yourself. A parent or guardian can file on behalf of a minor child victim.

3. What is a Temporary Restraining Order (TRO) and how do I get one?

A TRO is an emergency court order providing immediate protection. Here’s how to apply in Hudson or Essex County:

• During Court Hours (Usually M-F, 8:30 AM – 3:30 PM):
  • Go to the Family Division Intake office at the Superior Courthouse in your county:
    • Hudson County: Hudson County Administration Building, 595 Newark Avenue, Jersey City, NJ 07306
    • Essex County: Essex County Courthouse, Wilentz Justice Complex, 212 Washington Street, Newark, NJ 07102 (or the Family Courthouse building, check upon arrival)
  • You will meet with court staff who will help you fill out the paperwork (the Complaint). You will need to describe the most recent incident of domestic violence and any past history of abuse. Be as specific as possible (dates, times, locations, what happened, any witnesses, injuries, police involvement).
  • You will speak to a judge (usually ex parte, meaning the defendant is not present) and swear under oath that your complaint is truthful.
  • If the judge finds sufficient grounds (a predicate act occurred and you are in immediate danger), they will issue the TRO.
• After Court Hours (Nights, Weekends, Holidays):
  • Go to your local police department (e.g., Jersey City PD, Newark PD, Montclair PD, Bayonne PD, etc.) or the police department where the defendant lives.
  • Tell them you need to file for an emergency TRO.
  • They will contact an on-call Municipal Court Judge who will take your sworn statement/testimony, often over the phone.
  • If the judge grants the TRO, the police will prepare the order.

Important: You do not need physical proof like photos or police reports to apply for the TRO, though bring them if you have them. Your sworn testimony about what happened is evidence. There is no fee to file for a TRO.

4. What immediate protections does a TRO give me?

Once issued and served on the defendant by law enforcement, a TRO typically:

• Prohibits the defendant from contacting you or anyone named in the order (children, family members) in any way (in person, phone, text, email, social media, third parties).
• Prohibits the defendant from coming near you, your home, your workplace, your school, etc. (specific locations will be listed).
• Orders the defendant removed from your shared residence, even if their name is on the lease or deed. Law enforcement will usually accompany them to remove essential personal belongings.
• Grants you temporary custody of any minor children.
• May order temporary financial support (child support, emergency spousal support).
• Requires the defendant to surrender all firearms and permits to law enforcement immediately.

5. What happens after the TRO is issued?

• Service: Law enforcement will serve the defendant with a copy of the TRO. You will also get a copy. Keep it with you at all times.
• FRO Hearing Scheduled: The TRO will state a date and time for a Final Restraining Order (FRO) hearing, usually within 10 days. This hearing will be held at the Superior Courthouse (Family Division) in either Jersey City (Hudson) or Newark (Essex).

6. What is the Final Restraining Order (FRO) Hearing?

This is a formal court hearing where both you and the defendant have the right to appear, present evidence, testify, bring witnesses, and cross-examine the other party and their witnesses. A Superior Court Judge will decide whether to make the protections permanent by issuing an FRO.

7. What do I need to prove at the FRO hearing?

You (the plaintiff) have the burden of proof. You must convince the judge, by a “preponderance of the evidence” (meaning it’s more likely than not true), of two things:

1. A Predicate Act Occurred: That the defendant committed one (or more) of the acts of domestic violence listed in #1 above.
2. Need for Protection: That a restraining order is necessary to protect you from future acts of domestic violence (i.e., you are reasonably afraid for your safety). The judge considers the history of abuse, the severity of the recent act, and other factors.

8. How should I prepare for the FRO hearing?

• Gather Evidence: Collect anything that supports your case: photos of injuries or property damage, threatening texts/emails/voicemails, social media posts, police reports, medical records, torn clothing, witness names and contact information. Organize it clearly. Bring copies for the judge and the defendant (or their attorney).
• Prepare Your Testimony: Think about what happened in the most recent incident and any past incidents. Be ready to explain it clearly and chronologically to the judge. Focus on the facts.
• Identify Witnesses: If anyone saw or heard the abuse, or saw your injuries or emotional state afterward, ask them if they are willing to testify. Make sure they can be present at the hearing.
• Consider Legal Representation: Having an attorney experienced in FRO hearings can be extremely helpful. (See #11).
• Plan for Safety: Arrange for childcare if needed. Think about transportation to and from the courthouse in Jersey City or Newark. Consider asking a support person or victim advocate to accompany you.

9. What happens if the defendant doesn’t show up for the FRO hearing?

If the defendant was properly served with the TRO and fails to appear, the judge may hold the hearing in their absence and issue an FRO by default. However, the judge must still hear sufficient sworn testimony from you to establish both the predicate act and the need for protection before granting the FRO.

10. What happens if the judge grants the FRO? Denies it?

• FRO Granted: The judge signs a Final Restraining Order. It is permanent unless one party files a motion later to dissolve it and meets the legal standard. It includes similar protections as the TRO but makes them final (no contact, address restrictions, final custody/support orders, permanent firearms prohibition for the defendant). The defendant will also be fingerprinted and entered into state/federal domestic violence databases.
• FRO Denied: If the judge finds you did not meet your burden of proof for either the predicate act or the need for protection, the TRO will be dismissed. The defendant is no longer legally restrained.
  • Options if Denied: You have the right to appeal the decision (a complex legal process). Importantly, focus on safety planning. Contact a local domestic violence agency (see #11) to discuss options and create a plan to keep yourself safe moving forward.

11. Do I need a lawyer? Are there free or low-cost resources?

While you have the right to represent yourself (pro se), domestic violence law and court procedures are complex. Having an experienced attorney represent you is highly recommended. They can help prepare your case, present evidence effectively, cross-examine the defendant, and argue the law.

Resources in Hudson and Essex Counties:

• NJ Statewide Domestic Violence Hotline: 1-800-572-SAFE (7233) – Can connect you to local resources 24/7.
• Hudson County: WomenRising (Jersey City) provides counseling, advocacy, and shelter services. Legal Services of New Jersey may offer assistance for low-income individuals.
• Essex County: The Essex County Family Justice Center (Newark) provides comprehensive services, often including legal assistance. Rachel Coalition (part of Jewish Family Service of MetroWest, serves Essex) and SAFE House (part of FAMILYConnections in Orange) offer support. Partners for Women and Justice (Montclair) offers free legal help. JBWS (based in Morris but serves parts of Essex) is another resource.
• Court Victim Advocates: The courthouse may have victim advocates available to provide support and information (but not legal advice). Ask at the Family Intake office.

12. What should I do if the defendant violates the TRO or FRO?

Call 911 immediately if you feel you are in danger. Report the violation to the police department where it occurred. Violating a restraining order is a criminal offense (Contempt of Court). The police are mandated to investigate and can arrest the defendant if there is probable cause a violation occurred. Your safety is paramount. Do not hesitate to call the police.

13. What if I’m scared to testify or be in the same room as the defendant?

This is a very common and valid fear. Inform the court staff, your attorney (if you have one), or a victim advocate. There are security measures in the courthouses (Sheriff’s Officers). Depending on the circumstances, accommodations might be possible, such as having an advocate sit with you or requesting security presence during breaks or when entering/leaving the building. Discuss your concerns beforehand.

Seeking a restraining order is a brave step toward safety. Remember to utilize the support resources available in Hudson and Essex Counties. You do not have to go through this alone. Sources and related content