Domestic violence cases in New Jersey are taken very seriously by the courts. If you're facing abuse — or accused of it — understanding how restraining orders work is critical. At Villani & DeLuca, P.C., we help clients on both sides of these cases: petitioners seeking protection and respondents defending against serious allegations.

What Is a Restraining Order in New Jersey?

A restraining order is a court order intended to protect victims of domestic violence from further harm. It can:

• Prohibit the accused (respondent) from contacting or approaching the victim.

• Grant temporary custody of children.

• Remove the respondent from a shared home.

• Restrict firearm possession.

Restraining orders are civil remedies, but violating them is a criminal offense.

Types of Restraining Orders

1. Temporary Restraining Order (TRO)

A TRO can be issued immediately if the judge believes the petitioner is in danger. It is temporary until a hearing is held.

2. Final Restraining Order (FRO)

After a hearing, the judge may issue a Final Restraining Order if the evidence supports the petitioner's claims. Unlike many states, FROs in NJ do not expire — they remain in effect permanently unless lifted by the court.

The Process for Petitioners

If you are a victim of domestic violence, you can:

1. File for a TRO at the Family Division of the Superior Court (or at a local police station after hours).

2. Attend the hearing within about 10 days, where you must present evidence (testimony, police reports, texts, witnesses).

3. If the judge issues an FRO, you gain long-term protections.

Important: You do not need to be married to the abuser. NJ law covers spouses, dating partners, household members, and co-parents.

The Process for Respondents

Being served with a restraining order is serious:

• Attend the hearing. If you fail to appear, the judge may issue an FRO by default.

• Prepare a defense. This may include challenging evidence, presenting witnesses, or showing inconsistencies in the petitioner's claims.

• Understand the consequences. An FRO can affect child custody, gun rights, and even employment.

An attorney can help protect your rights and work toward dismissal, modification, or appeal if appropriate.

Consequences of Violating a Restraining Order

Violating either a TRO or FRO is a criminal offense in NJ under N.J.S.A. 2C:29-9. Penalties can include:

• Arrest

• Jail time

• Criminal record

• Fines

This is why both petitioners and respondents must take these orders very seriously.

Frequently Asked Questions

Can a restraining order be lifted in NJ?
Yes. Either party can file a motion to dissolve, but the judge will only lift it if circumstances have changed significantly.

How does a restraining order affect custody?
Judges may limit or deny parenting time for the respondent if the child's safety is at risk.

Do I need a lawyer?
While not required, having a lawyer is strongly recommended — especially for respondents facing long-term consequences.

Contact Us Today 

Have questions? Contact us today at 732-709-7757 for your free first consultation with one of our family law attorneys.