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Domestic Violence & Restraining Orders
Legal protection and defense in domestic violence matters under New Jersey's Prevention of Domestic Violence Act
New Jersey's Prevention of Domestic Violence Act
New Jersey takes domestic violence seriously. The Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17source et seq., provides comprehensive legal protections for victims of domestic violence while establishing clear procedural requirements for obtaining and defending against restraining orders. The Act recognizes that domestic violence is a pattern of abusive behavior that threatens the safety, health, and well-being of individuals and their families, and it provides a civil remedy through the restraining order process that operates independently of any criminal prosecution.
At Simon Law Group, our domestic violence attorneys represent both victims seeking protection and individuals defending against allegations. We understand the urgency and sensitivity of these matters and provide skilled, compassionate legal representation throughout the process.
Safety First
If you are in immediate danger, call 911. For domestic violence support in New Jersey, call the NJ Domestic Violence Hotline at 1-800-572-SAFE (7233). During court hours, restraining-order applications are handled through the Superior Court Family Division. After hours, on weekends, holidays, or when courts are closed, go to your local police department to file a complaint. This safety routing follows NJ Courts domestic violence guidancesource.
Who Is Protected Under the Act
The Prevention of Domestic Violence Act protects individuals who have a specific type of relationship with the alleged abuser. Under N.J.S.A. 2C:25-19source, protected persons include:
- Current or former spouses
- Current or former household members
- Persons who have a child in common, regardless of whether they were ever married or lived together
- Persons who are or were in a dating relationship
The definition of "dating relationship" has been the subject of considerable case law in New Jersey. Courts consider factors such as the frequency of interaction, the duration of the relationship, and whether the parties had an expectation of romantic involvement.
Acts of Domestic Violence
The Prevention of Domestic Violence Act identifies specific criminal offenses that constitute acts of domestic violence when committed by a person in a qualifying relationship. Under N.J.S.A. 2C:25-19(a)source, these predicate acts include:
- Assault — Purposely, knowingly, or recklessly causing bodily injury, or negligently causing bodily injury with a deadly weapon
- Terroristic threats — Threatening to commit violence with the purpose to terrorize or in reckless disregard of the risk of causing terror
- Harassment — Making communications or engaging in conduct with the purpose to harass
- Stalking — Purposefully or knowingly engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety
- Criminal mischief — Purposefully or knowingly damaging the property of another
- Criminal restraint — Knowingly restricting another person's movements unlawfully
- False imprisonment — Knowingly restraining another person unlawfully so as to interfere substantially with their liberty
- Sexual assault and criminal sexual contact
- Lewdness
- Kidnapping
- Homicide
- Burglary
- Criminal trespass
- Robbery
- Cyber-harassment
Temporary Restraining Orders (TRO)
A temporary restraining order is the first step in the restraining order process. A TRO may be obtained on an emergency basis, without notice to the defendant, by filing a complaint with the Family Division of the Superior Court during court hours or by going to the local police department after hours, on weekends, holidays, or when courts are closed.
To obtain a TRO, the plaintiff must demonstrate that they are in a qualifying relationship with the defendant and that the defendant committed one or more predicate acts of domestic violence. The standard for issuing a TRO is relatively low; the court must find that emergency relief is necessary to protect the plaintiff from immediate danger or further abuse.
What a TRO Can Include
- An order prohibiting the defendant from having contact with the plaintiff
- An order requiring the defendant to leave the shared residence
- Temporary custody of children
- Temporary child support and financial support
- An order prohibiting the defendant from possessing firearms
- An order granting the plaintiff exclusive use of a shared vehicle
- Any other relief necessary to protect the safety of the plaintiff
Final Restraining Orders (FRO)
After a TRO is issued, a hearing on a final restraining order must be held within ten days. At the FRO hearing, both parties have the right to present testimony, cross-examine witnesses, and submit evidence. The plaintiff bears the burden of proving, by a preponderance of the evidence, that a predicate act of domestic violence occurred.
Under the standard established in Silver v. Silversource, the court must also find that a restraining order is necessary to protect the victim from future acts of domestic violence. This requires the court to consider the totality of the circumstances, including the prior history between the parties, the existence of immediate danger, and any other relevant factors.
A final restraining order in New Jersey does not expire on a fixed date. It remains in effect until the court dissolves it upon motion by either party.
Consequences of a Final Restraining Order
A final restraining order carries significant consequences for the defendant, including:
- A record that can appear on background checks
- Prohibition from possessing firearms under both state and federal law
- Potential impact on custody and parenting time determinations
- Requirement to surrender all weapons to law enforcement
- Criminal penalties for any violation of the order
- Potential impact on employment, particularly in fields requiring security clearances or professional licenses
Defense Against Domestic Violence Allegations
False or exaggerated allegations of domestic violence are a serious concern, particularly in the context of contested custody disputes. Individuals facing domestic violence allegations have constitutional rights that must be protected, including the right to be heard, the right to present evidence, and the right to cross-examine the accusing party.
Common Defense Strategies
- Demonstrating that the alleged act does not meet the legal definition of a predicate offense
- Presenting evidence that contradicts the plaintiff's account
- Showing that the plaintiff's motive is to gain a strategic advantage in custody or divorce proceedings
- Establishing that a restraining order is not necessary to protect the plaintiff from future harm
- Challenging the credibility of the plaintiff's testimony
Dissolution of a Restraining Order
Either party may file a motion to dissolve a final restraining order. Under the standard set forth in Carfagno v. Carfagnosource, the court considers several factors including the circumstances that led to the issuance of the FRO, whether the defendant has committed any subsequent acts of domestic violence, whether the victim has consented to the dissolution, and the current nature of the relationship between the parties.
Domestic Violence and Criminal Charges
It is important to understand that the restraining order process is a civil proceeding, separate and distinct from any criminal charges that may arise from the same conduct. A defendant may face both a restraining order action in Family Court and criminal prosecution in Criminal Court. The outcome of one proceeding does not control the other, although testimony and evidence from one proceeding may be relevant to the other.
Frequently asked questions
▸ How do I get a restraining order in New Jersey?
During court hours, apply through the Family Division of the Superior Court in the county where the alleged act occurred, where the defendant lives, where the victim lives, or where the victim is staying. After hours, on weekends, holidays, or when courts are closed, go to your local police department, which will contact a judge to decide whether to issue a Temporary Restraining Order. You must be in a qualifying relationship under N.J.S.A. 2C:25-19source — spouse or former spouse, household member, co-parent, or dating partner — and demonstrate that the defendant committed at least one predicate act of domestic violence enumerated in the statute. A TRO can issue on an emergency basis without prior notice to the defendant.
▸ What is the difference between a TRO and an FRO?
A Temporary Restraining Order (TRO) is the emergency order issued the same day the complaint is filed, generally without notice to the defendant. It lasts only until the Final Restraining Order (FRO) hearing, which must be held within ten days under N.J.S.A. 2C:25-29source. At the FRO hearing, both parties present testimony and evidence and may cross-examine witnesses. The plaintiff must prove by a preponderance of the evidence (1) that a predicate act of domestic violence occurred and (2) that an FRO is necessary to protect the victim from further abuse — the two-part test in Silver v. Silversource. An FRO in New Jersey remains in effect until dissolved by court order.
▸ How long does a restraining order last in New Jersey?
New Jersey Final Restraining Orders do not expire on a fixed date. Once an FRO issues, it remains in effect indefinitely until either party files a motion to dissolve and the court grants it. The order is entered into the statewide and federal domestic violence databases and is enforceable by any New Jersey law enforcement officer. The indefinite effect of an FRO is one of the most important differences between New Jersey domestic violence law and the law of neighboring states, and it is the reason the FRO hearing receives the procedural protections it does.
▸ Can a Final Restraining Order be dissolved in New Jersey?
Either party can move to dissolve a Final Restraining Order under Carfagno v. Carfagnosource. The court weighs eleven factors, including (1) whether the victim consents to dissolution, (2) the victim's fear of the defendant, (3) the nature of the current relationship between the parties, (4) the number of times the defendant has been convicted of contempt of the order, (5) whether the defendant has a continuing involvement with drug or alcohol abuse, (6) whether the defendant has been involved in other violent acts with others, (7) whether the defendant has engaged in counseling, (8) the age and health of the defendant, (9) whether the victim is acting in good faith, (10) whether another jurisdiction has entered a restraining order, and (11) other factors the court deems relevant. The moving party bears the burden, and dissolution requires a record showing good cause under the Carfagno factors.
▸ What if I am falsely accused of domestic violence in New Jersey?
An accused defendant has the constitutional right to counsel, the right to present evidence and witnesses, and the right to cross-examine the accuser at the FRO hearing. Common defense strategies include: showing the alleged act does not meet the statutory definition of a predicate offense; presenting evidence (texts, video, third-party testimony) that contradicts the accuser's narrative; showing the accuser's motive — including strategic advantage in a pending divorce or custody dispute — to fabricate or exaggerate; and showing under the Silver second prong that an FRO is not necessary to prevent future abuse. The consequences of an FRO can be severe: prohibition on firearms possession under state and federal law, professional-license consequences, adverse impact on custody and parenting time, and a record that can appear on background checks. Defend the FRO hearing promptly and on the record.
▸ Does a restraining order affect child custody and parenting time?
While a TRO is in effect, the court may award temporary custody of any minor children to the protected party. After an FRO issues, N.J.S.A. 9:2-4.1source creates a rebuttable statutory presumption that custody by the defendant is not in the child's best interests. The defendant can rebut the presumption by clear and convincing evidence, but the burden is substantial. Parenting time after an FRO is often arranged through a third-party exchange or supervised visitation, and the FRO's no-contact provisions can be tailored to permit court-ordered parenting communications without otherwise relaxing the order.
Related Family Law Resources
- Family Law Overview
- Divorce
- Child Custody & Parenting Time
- Post-Divorce Modifications
- Divorce & Estate Planning
New Jersey Court Resources
Contact a New Jersey Domestic Violence Attorney
Whether you need protection from domestic violence or are defending against allegations, the stakes in these cases are extraordinarily high. Simon Law Group provides experienced, responsive legal representation in all domestic violence matters. Call (800) 709-1131 or visit our contact page to request a consultation.
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Reviewed by Joel A. Friedman, Esq., Family Law, Simon Law Group, LLC — May 2026
Geographic scope
Serving 21 New Jersey counties.
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