Requesting a Temporary Restraining Order (TRO)

 

You can request a TRO at any time 24 hours/day, 7 days/week 

If you are seeking a TRO Monday – Friday 9:00 am – 3:30 pm, then you should go to the Superior Court courthouse in the county where:

  • you live or are staying,
  • where the domestic violence happened, or
  • where the other person lives

If the courthouse is closed because of a holiday, then you should go to the police department.

If you are seeking a TRO when the courthouse is closed then you should go to the police department where you live, where the domestic violence happened or where the other person lives.

If you are experiencing an emergency you should dial 9-1-1.

FAMILY COURTHOUSE LOCATIONS IN CENTRAL NEW JERSEY
Hours for all of the following locations: Monday – Friday 9:00 AM – 3:30 PM
Middlesex County:
120 New Street

New Brunswick, NJ 08903
Mercer County:
175 South Broad Street

Trenton, NJ 08650
Union County:
2 Cherry Street

Elizabeth, NJ 07207

Apply for a Temporary Restraining Order (TRO)

  •  At the courthouse, a staff person will gather your information.
  • You will then go before a hearing officer or judge who will listen to you and decide whether to grant you a TRO.
  • You will need to tell the court what happened that caused you to apply for a TRO.  
  • You should be as specific as possible. The accused will not be present nor will the accused be contacted by the court at this time. 
  • The judge will then determine if you should be given a TRO.
  • If you apply at a police station, the police will contact a judge via telephone.  
  • You will need to tell the judge what happened that caused you to apply for a TRO. 
  • The accused will not be present nor will the accused be contacted by the court at this time. 
  • The judge will determine if you should be given a TRO.
  • If the Judge grants you a TRO, you will get a copy, and the court will send a copy to the police to serve the accused. 
  • After the other party is served, the accused is not permitted to have any contact with you at all;  
  • If there is any contact, that is a violation of the TRO and you should report it to the police immediately.  
  • At the time the TRO is granted, a final hearing will be scheduled by the court, which is generally within ten days. 
  • The court will contact you if the hearing date listed on the TRO is changed. 
  • If the hearing is change/postponed, all the protections in the TRO remain in effect until the final hearing date.
  • At any time, you can ask to speak to a domestic violence advocate who can help you with the court process and safety planning.

 On the date of the Final Restraining Order (FRO) Hearing

  • You must appear at the hearing for the FRO.  
  • If you do not appear for the FRO hearing the TRO will be dismissed.
  • You, as the Plaintiff/complainant do not need a lawyer, but you can hire one if you choose.  
  • It is a good idea to speak to an attorney prior to the final hearing so that you can understand the hearing process and what you can expect to happen in court the day of the final hearing.
  • The court does not provide lawyers to either party for these cases. If want to speak to a lawyer, you can contact the Lawyer Referral Service or Central Jersey Legal Services.
  • If the other party does not appear and there is proof they were given the TRO, the judge can still hear the case on that date.
  • As the Plaintiff, you will speak first. 
  • You will have to tell to the judge what happened that caused you to request a TRO (as detailed in the TRO document you were given) and why you are requesting a Final Restraining Order (FRO) against the accused. 
  • You will have the ability to present evidence, such as photos, videos, or documents, as well as to present witnesses. 
  • The witnesses must appear in person; letters or affidavits will not be permitted by the court.  
  • If you and the accused appear for the final hearing, the court will hear both sides.
  • The accused can hire a lawyer to defend against the entry of the FRO, but again, will not be provided one by the court.
  • You tell the judge what happened that caused you to request a TRO and why you are requesting a Final Restraining Order (FRO) against the accused, the accused/Defendant will have the opportunity to tell their side. 
  • The accused can also present evidence, such as photos, videos or documents, as well as witnesses.
  • The judge will make a decision that same day if a FRO should be granted.
  • In addition to protection, the FRO can also address custody, child support, parenting time (visitation) and other issues.

In New Jersey, a Final Restraining Order (FRO) is permanent.
It continues forever unless changed by the court.
The court will not change the FRO on its own.
The court will only change an FRO if you or the accused ask the court to do so, and notify the other party of the request. 

For more information about requesting a temporary restraining order or for further assistance, please contact Central Jersey Legal Services.

Mercer County: (609) 695-6249

Middlesex County: (732) 249-7600

Union County: (908) 354-4340

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