A temporary restraining order (TRO) is a civil order a judge can issue that requires an abuser to stay away from the survivor of domestic violence. The TRO can also provide other types of civil relief.
You are eligible to apply for a TRO if you were subject to domestic violence by a spouse, former spouse, household member, person with whom you have engaged in a dating relationship, with whom you have a child.
You can apply in person for a TRO at the county courthouse during business hours or police station when the courthouse is closed. You can apply where the violence occurred, where you live, where you are temporarily sheltered, or where the abuser lives.
In your application you must state at least one specific act of domestic violence that the defendant recently committed against you.
You must also list acts of domestic violence that have occurred against you in the past. Be detailed and complete in your list of the current and past acts of domestic violence. The court cannot allow you to testify about facts that have not been mentioned in writing in the application. If you did not list the acts of domestic violence you wish to testify about at your final hearing you may amend (add information to) your TRO. To do so, go to the family court in the court where the case in listed and talk to somebody in the domestic violence unit who will help you amend or correct any errors or omissions in your TRO.
Once issued by the court the TRO will provide that the named Defendant can have no contact with you. You can also ask the court to provide other relief in the TRO, such as seizure of weapons such as guns and knives owned or accessible to the Defendant, temporary possession of a shared residence, orders regarding support, custody of children, temporary possession of cars, and preventing contact with others have also been effected by the domestic violence,
Once a TRO is issued, a hearing must be scheduled for a trial in the Family Court within 10 days. The local police in the town where the abuser lives will give him or her copy of the TRO. The order will require you and the abuser to appear in court on a specified day and time.
At the final hearing both you and the Defendant will attend and give testimony. Each party will testify and each party will be given a chance to ask the person testifying questions about his/her testimony. Either party can present evidence and other witnesses who know details about the events that gave rise to the TRO. Pictures of injuries or property damage, copies of text messages or social media posts must be printed out; videos of the underlying event must be loaded onto a thumb drive to allow the court to keep a copy. None of those items can be presented to the court on your personal phone.
After everyone has testified the Judge will decide (1) if domestic violence occurred on the date and time alleged in the TRO and (2) if the victim needs protection from future acts of domestic violence. If the Judge finds both of those items are proven after considering both parties testimony and evidence, a Final Restraining Order (FRO) is entered. If not, the TRO is dismissed and all protections are eliminated. If an FRO is entered the Judge can enter orders regarding custody, visitation and support of children, financial support of a victim and possession of items such as a share residence or vehicle. The judge can also consider requests for reimbursement for medical or personal costs and request for damages to the victim due to the abuse.
Once entered an FRO in New Jersey stays in effect unless dismissed by the victim. There are no expiration dates in New Jersey on FROs. The Defendant will have a very high burden to convince a judge to dismiss it at a later date.
