Last reviewed . Law current as of October 2026.
A New Jersey temporary restraining order (TRO) is issued without the defendant present and takes effect when served. A final restraining order (FRO) hearing is set, generally within 10 days, before a Family Part judge. The plaintiff must prove the case by a preponderance of the evidence. You may bring a lawyer, but the court does not appoint one. If you do not appear, an FRO can be entered without you, and an FRO does not expire.
How a TRO is issued
The person seeking protection can apply at the Family Division during court hours, or through local police after hours, when a municipal judge hears the application by phone. The hearing happens without the defendant. See NJ Courts: TRO process.
Right after you are served
- Read the order carefully: no-contact terms, where you may not go, and any firearms terms
- Do not contact the plaintiff, even through friends or social media, and even if they reach out
- Note the FRO hearing date and courthouse
- Gather texts, call logs, photos, and names of witnesses
The FRO hearing
It is a civil trial. Each side can testify, present witnesses and documents, and cross-examine. The judge decides whether an act of domestic violence occurred and whether an order is needed for protection. An FRO can affect firearms rights, housing, and custody. See NJ Courts: preparing for an FRO hearing.
If there are criminal charges too
Criminal charges from the same incident are a separate case in municipal court or Superior Court. What you say at the FRO hearing can be used in the criminal case, so plan both together. More on our domestic violence page.
Sources
This page provides general information about New Jersey law. It is not legal advice, and reading it or contacting us does not create an attorney-client relationship. Every case is different and no outcome is guaranteed.