Once you have a Temporary Restraining Order, you will have a date to return to court to request the Final Restraining Order. If you are the person asking for help in a domestic violence case, you will be the first one to speak in court. You will need to tell the judge what happened and why you need a Final Restraining Order (FRO) to help keep you safe in the future.
You can only talk about what you wrote in your complaint (the paper you gave the court to start the case). If you also wrote about things that happened in the past, you can talk about those too. You will need to explain both what made you ask for a Temporary Restraining Order (TRO) and what else has happened in your past with the person who hurt you.
But just talking about the past won’t be enough. You have to show that the things you said in your complaint meet the legal rules for domestic violence. If not, the judge might not give you the FRO.
The judge was not there when the bad things happened, so it’s your job to clearly explain what happened, how it happened, and how you felt. Try to speak clearly and keep your story simple so it’s easy to understand. Judges are busy, and sometimes they don’t have a lot of patience. But many do understand that talking about something painful can be hard.
Even though your story is very real to you, the judge doesn’t know it yet. You need to explain everything so the judge can imagine it like watching a movie. For example, if someone hit you, don’t just say “He punched me.” You also need to say, “It really hurt,” or “I was scared.” If you don’t say it, the judge won’t count it.
If you have proof, like pictures of your injuries or text messages that support your story, bring them to court. These are called evidence. You must show a copy to the judge and the other person in the case. Tell the judge what each item shows and ask the judge to mark them as part of your case. At the end of your story, ask the judge to accept them as evidence. If the judge agrees, they will look at these items when deciding your case.
When you finish speaking, tell the judge why you want a final restraining order. Think about what the other person did to you and how it made you feel. That will help you explain why you need protection.
The judge will think about everything you say, the proof you give, and how you act while talking. The judge will also watch how you act when the other person or other people talk. Try to answer all the questions, even the hard ones. If you don’t, the judge might think you’re not telling the full truth.
Please refer to the link https://njcedv.org/programs/ for more information.
View our Guide to Services below to find domestic violence programs throughout New Jersey. These listings include NJCEDV members, culturally specific groups and other community organizations providing domestic violence-related services.
NJCEDV’s membership includes 33 domestic violence programs providing a range of services for survivors, their children, and partners who cause harm throughout New Jersey.
