How do I get a Domestic Violence Restraining Order in New Jersey
Recently updated on January 23rd, 2025 at 01:35 pm
Yes, in New Jersey you can file for a restraining order online and you can prepare them here as this website is an official provider for New Jersey Courts. A Domestic Violence Restraining Order (DVRO) is issued to stop violence, stalking, harassment, black-mailing or any repeated behavior causing emotion harm. Domestic Violence Restraining Order imposes restrictions and serve as a final warning to the abuser, as breaking it results in criminal charges. Restraining orders are requested by preparing a set of standard court forms issued by the Supreme Court, and then filing them at your local Superior Court as explained in the steps below.
All types of restraining orders have the basic idea: a judge issues an order to an abuser to stay away from and not contact their victim who the abuser is harassing, abusing, threatening, stalking, or physically hurting. In other words it’s a last warning to stop the abuse or face criminal charges. If the abuser disobeys the restraining order, then the abuser will be formally charged with committing a crime and can be jailed.
If you think your situation meets the basic descriptions below then you can file online. There’s no additional requirements for filing for online. So before you do all the work of answering the questionnaires to create the PDF documents and attempting to file the case documents online, here’s a summary of the different types of restraining orders and the situations they apply to. The first step is to see if any of the different types of restraining order applies to your situation or is remotely related as that might help you decide whether to apply .
1. Spouse: A spouse or former spouse such as husband or wife, registered domestic partners
2. Cohabitants (including relatives): A present or former household member, provided the applicant is 18 years or older or an emancipated minor. This could also be parents, step parents, siblings, children, and in laws. The key point is that they lived together at some point.
3. Past or Current Romantic Relationship: A person with whom the respondent is having or has had a dating or engagement relationship or just a dating relationship.
4. Coparent: A person with whom the respondent has had a child or are currently expecting (i.e. one of the partners is pregnant)
Additionally, the applicant must have been subjected to an act of domestic violence as defined by New Jersey law. Qualifying acts include:
- Assault (including physical harm or the threat of harm)
- Sexual assault
- Criminal sexual contact
- Stalking
- Harassment
- Criminal restraint (restricting someone’s freedom of movement)
- False imprisonment (holding someone against their will)
- Kidnapping
- Burglary
- Criminal trespass
- Criminal mischief (damage to property)
- Robbery
- Terroristic threats (threats of violence to cause fear)
- Coercion (forcing someone to do something against their will)
If you are considering filing for a DVRO, it’s advisable to consult with a legal professional or a local domestic violence advocacy organization to ensure you meet the eligibility requirements and to receive assistance throughout the process.
What if I am Under 18 years of Age
Yes, individuals under the age of 18 in New Jersey can be eligible for a Domestic Violence Restraining Order (DVRO) under certain circumstances which are:
- Emancipated Minors: If you are an emancipated minor, you can file for a DVRO on your own. Emancipation can occur through marriage, military service, having a child or being pregnant, or a court order declaring you emancipated.
- Non-Emancipated Minors: If you are under 18 and not emancipated, you may still seek protection under the Prevention of Domestic Violence Act (PDVA). However a parent, guardian, or legal representative may need to file on your behalf.
If the abuse involves a parent, guardian, or someone responsible for the minor’s welfare, the case may also be addressed under child protection laws, which are designed to ensure the safety and well-being of minors.
What if the abuser lives out of New Jersey
A non-New Jersey resident who abuses a New Jersey resident may be subject to the state’s jurisdiction. That means that a New Jersey court can make orders prohibiting a non-New Jersey resident from further abusing a New Jersey resident. Abuse committed by out-of-state parties subjects them to this state’s personal jurisdiction.
An act of abuse by a party in another state against a person in New Jersey is subject to “special regulation” in this state and is sufficient to vest personal jurisdiction in the New Jersey courts over the out-of-state party to enjoin any further such conduct.
Situation Examples
Example 1: Husband is sexually and verbally abusive, and controlling
My husband doesn’t allow me the option to say no to sex, and often that warning is not explicit but I know bad things will happen if I say no such as bullying, threats and immense tension. As a couple we have been having sex everyday for nearly two decades now. He verbally abuses me by calling me a whore if I don’t sleep with him. During this time he is intoxicated so I am fearful of having a discussion as his anger will quickly get out of control, and he will hurl things at home thereby inducing more fear in me. Such behavior has been going on for over a decade now so I am not sure about the date of the first incident now. One day I very carefully chose my words and mentioned that maybe we are not a right fit, and should seek counseling. He was enraged and threated me that he will utterly destroy me, my work reputation, and expose some minor things I did to the immigration authorities. Since about six months, I have been sleeping in a separate room. He comes there routinely and tries to sleep with me forcefully. Often times I feel that if I resist, or decline his advances that my reputation, our property, or even me life will me in danger. I feel little, humiliated and disgusted with myself.
Example 2: Boyfriend blackmails and destroys property to control and induce fear
Today, Michael was armed with a pistol and seemed to be under the influence of an unidentified substance. He made threats to create false narratives with the aim of jeopardizing my 28-year accounting career, stating he would falsely accuse me of engaging in illegal financial activities. His menacing statement, “if you mess with me, I’ll retaliate,” was accompanied by destructive actions, such as damaging property in my home, including creating a hole in the wall. Michael’s behavior becomes particularly alarming when he is under the influence of drugs.
Example 3: Ex-boyfriend stalks
Jenna’s ex-boyfriend shows up at Jenna’s work unexpectedly and drives around. Jenna is fearful, and had earlier clearly asked him to leave her alone.
Step 2 Gather Evidence (You can upload it online)
The first step is to gather the evidence to support your case. What proof do you need for a restraining order in New Jersey. The following are examples to help you organize though anything that supports your claims can be used.
Criminal Case
A criminal case in progress shows that the district attorney also found evidence of the abuse or crimes and therefore supports your claims.
Photos
Photos of violence, injuries, damage
Messages
Print outs of messages, emails or transcripts of voicemail
911 Calls
For each call document the #, date, time, caller, callee details
Medical Records
Documentation of any medical emergencies or injuries or treatments resulting from abuser’s violence.
Police Report
Police reports filed against abuser for domestic violence.
Testimony
A testimony from a witness who can be a family member, neighbor a co-worker or a bystander, either in writing or in person at the hearing, describing the incidents witnessed.
Step 3: Fill the court forms
You can fill these online for for free:
In order to apply for a restraining order, you need to fill and submit a specific set of official New Jersey court forms. These have questions aimed at understanding your situation and the people involved.
Step 4: File with the Court
Filing is the process which means the following steps
- Formally submitting the case documents at the court with the office of the clerk
- The clerk reviews and verifies the correctness of forms and completeness of the required info
- Clerk enters the case in the court database, stamps the documents and assigns a case #
County (Venue)
The proper venue for a restraining order case is the county where you live, or where the abuse took place or where the abuser lives. However, venue is a defensive motion and should be considered by the court only if the restrained party objects by filing a noticed motion for change of venue at or before the time of responding to the request.25 Improper venue is not a proper basis for the court to deny relief on its own motion (sua sponte).
Determine the County
In New Jersey, one typically file at the Superior Court at county of your residence or where the abuse occurred. For example, if you live in Jersey city, then the filing location is Superior Courts Of Hudson County. There can be many special cases and fine print but that is the most common case. Please consult a lawyer if your situation is uncommon e.g. the abuser is overseas or you are overseas and the abuser is in New Jersey.
Identify the methods of Filing
Method # 1: In Person by visiting the court house
Your court location would accept the forms to be submitted in person at the court hours.
Tip: All courts have lunch hours when they are closed for an hour
When you submit your case documents at the court, typically you take 3 copies.
The clerks reviews it, and if everything is ok, they formally enter it into the court system and put a stamp near the top of the documents. That acceptance is called filing.
The stamp may look something like this:
Method # 2: E-file online
This is the most efficient option if you have an e-mail address and some basic computer skills like registering an account, and uploading PDF files.
Some counties now have one or more online portals where you create an account for free, and then you can upload documents and hit submit.
You will be required to some online service fees.
Method # 3: Via another person
Some counties accept filing via a friend or legal courier. These companies or individuals charge a flat or hourly fee and file the documents at the court.
Step 5: Judge Sets Hearing, Grant/Deny Temporary Restraining Order (TRO)
A judge reviews the case offline (i.e privately in their office) and then you will be notified by the court about the outcomes which are:
- Temporary Restraining Order Granted
- Temporary Restraining Order Denied
In addition the Judge would typically set a hearing. If the case doesn’t have sufficient evidence it might be dismissed without even a hearing.
The temporary order (if issued) is valid until the hearing i.e. typically about 3 weeks. If the hearing is delayed for any reason, you need to check with the court to ensure the temporary order is renewed until the hearing to provide you with legal protection.
Step 6: Serve a set of Stamped Case Forms including Hearing Notice to Abuser
Whenever one party initiates a restraining order it needs to inform or serve the other party formally by delivering the court documents. That step is called serving the respondent
Under the New Jersey law there are multiple ways in which the other party can be served.
You cannot serve your papers yourself.
Option 1: Ask the Sheriff (FREE)
A sheriff or marshal can serve the opposing party for you which is a big help. This service is offered for FREE. To ask the sheriff to serve your papers, you must have an address or location for the other side (restrained person). If the other side is in jail, the sheriff can serve them. If the other side is in prison in New Jersey, prison staff, not the sheriff, will serve your papers. Follow the instructions by the New Jersey Department of Corrections and Rehabilitation for serving someone in prison
Option 2: Ask a friend, relative or any adult (FREE)
You ask someone you know to be your server
- 18 or over, and
- not part of your case
Think about safety when choosing your server. Get step-by-step instructions for how to have someone else, not the sheriff, serve your court papers.
Option 3: Hire a courier for legal papers (Process Server)
You can also hire a courier called professional process server. You can search on Yelp or Google to get a list of options near you. Yelp Example . An example is ABC Legal Services.
You cannot hire regular couriers such as UPS, FedEx or US Postal Service unless in exceptional scenarios where the judge authorizes service by mail, but that’s a whole different topic altogether.
Step 7: Present Evidence in a Court Hearing
Attend a hearing: The court holds a hearing within a couple of weeks where the evidence is examined. If there is sufficient supporting evidence as determined by a Judge, a full restraining order is issued. At this point it becomes a crime for the abuser to break the conditions of the restraining order.
Step 8. Collect the Final Order
After the hearing, a final order may be issued. You can take a paper copy of the order with you. The order is typically valid for five years.
Costs
How much does it cost to get a Restraining Order
Domestic Violence Restraining Order cost are
- FREE forms : You can get the court forms for free, or prepare them using the guided experience below.
- FREE filing: There is no fees for filing. Online filing platforms may charge a E-filing fees
- FREE Serving the other party
Duration
How long does it take to get a Restraining Order from filing for a Restraining Order
You can get a temporary restraining order the same day as you file.
Courts can have a cutoff of around 2 p.m. for the same day service, so you need to file before then. Otherwise, the order would be issued the following day when courts open.
Courts are generally open Monday-Friday and closed on Saturday-Sunday.
The temporary order is valid until a formal hearing is held in which both parties need to be present. Typically a hearing is scheduled in 2 weeks of filing.
At the hearing a formal order may be issued
Is a restraining order helpful?
The purpose of a restraining order is to restrict the contact or proximity of one person (the respondent or alleged perpetrator) to another person (the petitioner or victim) in order to ensure the safety and well-being of the petitioner.
The specific terms of a restraining order can vary depending on the circumstances of the case e.g. if the people live together then it might require one party to vacate the place.
Typically, a restraining order may prohibit the respondent from
- Approaching or contacting the petitioner including via text or social media
- Staying away from the usual places petitioner is at such as home, work or school
- Prohibit stalking, or surveillance of any kind
- In situations where they lived together, provide custody or access to
- Children
- Pets
- Important documents
- Personal items such as clothes, medications, cell phones
- Cars
- Extending the protections to others living with the petitioner
Research findings on benefits of restraining orders
Here’s the top three findings from a study on domestic violence and restraining orders from the University of New Hampshire
Reduce Violence
Civil protective orders (such as a DVRO) are effective in reducing partner violence for many women. For half the women in the sample, a protective order stopped the violence. For the other half, the orders significantly reduced violence and abuse.
Cost Effective
They are a relatively low-cost solution, particularly when compared with the social and personal costs of partner violence.
Urban Vs. Rural
The impact of civil protective orders on reducing violence and abuse did not differ for rural and urban women. In rural areas where resources and services for partner violence may be more limited, the restraining orders hold greater importance.
What Restraints can I ask when I file for a Restraining Order
Here are the typical restrictions places on the abuser via the restraining order.
Stay Away From You
Abuser would have to stay at least 100 yards away from you, your children and locations you request such as your work
Not To Contact You
Not to contact you via phone or text or mutual friends
Not Stalk You
Not stalk you or your loved ones, including your accounts on facebook or other social media
Hand Over A Car
Get access to cars held by the abuser
Vacate The Shared Residence
The respondent can be asked to vacate the shared residence. You can also request help from police to kick them out.
Handover Passport, Cell Phone, Medications Etc.
You an ask for your personal items such as passport, medications, clothes. This would be applicable if you were living together up to now.
Don’t Post Intimate Images
Take down, delete, and do not distribute intimate images of a protected person
Restrict Abusive Litigation
This is to prevent the misuse of the legal system to harass, intimidate, or burden you.
Get Drugs, Mental Health And Sex Offender Treatment
You can request the abuser to seek treatment for alcoholism, drug use, domestic violence abuse
Risks of a Restraining Order
It is conceivable that following the submission of a civil protection order, the abuser particularly in domestic violence situations may react with anger due to the perceived loss of control over you and your household. In certain instances, the abuser may portray themselves as the victim and shift blame onto the actual victim they were mistreating.
The response of your abuser after the filing of a protection order is unpredictable. While a Domestic Violence Protection Order (DVPO) can provide legal protection, one should not automatically assume that it guarantees safety. The initial weeks post-filing can be particularly precarious, contingent on your abuser’s reaction.
Despite the safeguards intended by a DVPO, abusers may retaliate through various means, such as:
- Physical assault or violence
- Harming or taking away children
- Damaging jointly owned property
- Disregarding the order and persisting with threats, possibly through intermediaries
- Inflicting harm or causing harm to pets
- Harassing your loved ones for information
- Engaging in stalking behavior
- Initiating a retaliatory restraining order against you
- Spreading false information about you in court documents, online, or publicly
Following the submission of a domestic violence Protection order, it’s important to continuously assess your situation and prepare for the potential escalation of your case into more violent territory.
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