If you’ve been granted a Temporary Restraining Order (TRO) in New Jersey, it’s because the court believed there was enough evidence that you were in danger of domestic violence or abuse. A TRO is meant to protect you immediately—before a judge has had a chance to hold a full hearing to decide whether a Final Restraining Order (FRO) is necessary.
But what if the TRO doesn’t fully protect you? What if you forgot to include something important—like your children, your address, or a place you need to stay safe from the abuser? Or what if your situation changes before the final hearing?
The good news is that you can ask the court to amend (change or add to) your TRO. Here’s when—and how—you might want to do that.
When Should You Amend a TRO?
There are several common reasons to ask the court to change your TRO. These include:
- · You forgot to include any history of domestic violence: It is common for survivors to forget to include a history of domestic violence for the court to consider, which is crucial to the granting of a TRO.
- You forgot to include important information: It’s not uncommon for survivors to forget details when applying for a TRO, especially if you’re in crisis. For example, you may have forgotten to include a specific location where you want the abuser barred from going (like your workplace or child’s school).
- You need to add children or other household members: If your children or another person in your household is also at risk, they can be added to the TRO for their protection.
- You want to request additional protections: Maybe you now realize you need temporary custody, financial support, or use of a shared vehicle. These types of relief can often be added before the final hearing.
- The abuser violates the TRO in a new way: If the person subject to the TRO continues to harass or contact you in ways not specifically covered in the original order, you might want to amend it to include these new actions.
- You need to correct errors: Sometimes, there are clerical mistakes—like wrong names, addresses, or phone numbers—that need to be fixed to make the order enforceable.
How Do You Amend a TRO?
To amend your TRO, you’ll need to go back to the court where the original order was issued. Here’s how the process typically works:
- Visit the Family Division of the Superior Court: Go to the courthouse that issued your TRO. Let the staff know you want to amend your restraining order. If you have a Legal Services attorney, they may be able to help you prepare.
- Fill out a request to amend: You’ll need to complete a short form explaining what changes you want and why. Be as specific as possible. If you have new evidence—such as text messages, voicemails, or witness statements—bring them with you.
- Speak with a judge: In most cases, you’ll appear before a judge the same day. The judge will review your request and may ask you a few questions. If the judge agrees that your requested changes are necessary for your protection, they’ll sign an amended TRO.
- Serve the amended TRO: Just like the original, the amended TRO must be served on the abuser so they know the terms have changed. The court or sheriff’s department will handle this.
Don’t Wait to Get the Protection You Need
If your TRO isn’t fully protecting you, don’t wait for the final hearing to try to make changes. The courts understand that domestic violence situations are complicated and that your needs may change quickly. The process of amending a TRO is meant to be flexible and responsive. If you’re not sure whether your TRO needs to be amended—or you need help doing it—reach out to your local Legal Services office or a domestic violence advocate. You don’t have to navigate this alone, and your safety is the most important priority.
