New Jersey Restraining Order Lawyer: Defending Against a TRO and FRO

What is a restraining order in New Jersey?

New Jersey restraining orders in domestic cases come from the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 and following. They are civil orders issued by the Family Part of the Superior Court. A restraining order is not a criminal conviction, but it carries real consequences, and violating one is a crime or disorderly persons offense.

The Act protects a person who has been subjected to domestic violence by a spouse or former spouse, a current or former household member, someone they have a child with or are expecting a child with, or someone they have had a dating relationship with (N.J.S.A. 2C:25-19(d)). If none of those relationships exist, a domestic violence restraining order is not the right tool, and that is a defense.

What are the "predicate acts" of domestic violence?

An FRO requires proof that you committed at least one offense listed in N.J.S.A. 2C:25-19(a) against a protected person. The list includes:

• Homicide, assault, terroristic threats, kidnapping, criminal restraint, false imprisonment
• Sexual assault, criminal sexual contact, lewdness
• Criminal mischief, burglary, criminal trespass, robbery
• Harassment, cyber-harassment, stalking, criminal coercion
• Contempt of a domestic violence order (when the conduct is a crime or disorderly persons offense)
• Any other crime involving risk of death or serious bodily injury

Harassment is the most common allegation and is often the most contested, because it requires a purpose to harass, not just an argument or rude message. See harassment and terroristic threats.

TRO vs. FRO: what is the difference?

More detail: TRO vs. FRO.

How does a judge decide whether to grant an FRO?

New Jersey courts apply the two-step test from Silver v. Silver, 387 N.J. Super. 112 (App. Div. 2006):

1. Predicate act. Did the plaintiff prove, by a preponderance of the evidence, that the defendant committed one of the listed offenses? The judge considers any prior history of domestic violence between the parties.
2. Need for protection. If so, is an FRO necessary to protect the plaintiff from immediate danger or to prevent further abuse? A predicate act does not automatically mean an FRO.

In making these decisions the judge weighs the factors in N.J.S.A. 2C:25-29(a): prior history, immediate danger, the financial circumstances of both parties, the best interests of the victim and any child, protecting the victim's safety in custody and parenting time decisions, any verifiable order of protection from another jurisdiction, and, since 2024, coercive control.

What is coercive control, and does it change FRO cases?

P.L.2023, c.230, signed January 8, 2024, added coercive control as a factor the court must consider under N.J.S.A. 2C:25-29(a)(7). The statute gives examples of behavior that can amount to coercive control, such as isolating a person from friends and family, controlling their finances or daily activities, monitoring their communications, and threatening harm to the person, a relative, or a pet. If the judge finds some coercive-control factors more or less relevant than others, the judge must explain why in written findings.

Coercive control is not a new predicate act and not a crime. The plaintiff still has to prove one of the listed offenses. Coercive control evidence goes to the history and to whether an FRO is needed. Read our coercive control guide.

I was served with a TRO. What should I do now?

1. Read the whole order and note the hearing date, time, and courthouse or virtual link.
2. Have no contact at all with the protected person, directly or through friends, family, text, email, social media, or any app. Even a reply to a message from them can be charged as contempt.
3. Stay away from every place listed in the order, including the home if you were excluded. If you need belongings, ask the police or the court about a supervised retrieval.
4. Turn over weapons and permits if the order or the police require it.
5. Write a timeline of events while you remember them and save texts, emails, photos, and call logs. Do not delete anything.
6. Identify witnesses who saw or heard the events.
7. Talk to a lawyer before the hearing. You can ask the court for a short adjournment to prepare or get a lawyer.

Our 10-day checklist: served with a TRO.

What happens at the FRO hearing?

The FRO hearing is a trial before a Family Part judge, with no jury. The plaintiff testifies first and may call witnesses and present texts, photos, or recordings. You or your lawyer can cross-examine. Then you can testify, call your own witnesses, and present your own evidence. The judge decides that day in most cases.

Because these are civil cases, the court does not appoint a lawyer for either side (NJ Courts: FRO process; D.N. v. K.M., 429 N.J. Super. 592 (App. Div. 2013)). You can ask for a short adjournment to get a lawyer. Many plaintiffs come with a lawyer or a domestic violence advocate. If there is also a criminal charge, anything you say under oath at the FRO hearing is recorded and can matter in the criminal case, so the decision whether to testify should be made with a lawyer. More: the FRO hearing.

What are the consequences of a final restraining order?

• No expiration. An FRO stays in effect until a judge dissolves it.
• Firearms. An FRO generally bars possessing firearms and getting a firearms permit or ID card.
• Registry. Orders are entered into New Jersey's statewide domestic violence registry.
• Home and children. The order can exclude you from a shared home and include parenting time and support terms.
• Contempt risk. Any violation can bring a criminal charge and arrest.
• Not a criminal conviction. An FRO is a civil order; it does not by itself create a criminal record.

What happens if a restraining order is violated?

Knowingly violating a domestic violence order is contempt under N.J.S.A. 2C:29-9(b). It is a fourth-degree crime (up to 18 months in prison) if the conduct that violated the order is also a crime or disorderly persons offense. Otherwise it is a disorderly persons offense (up to 6 months in jail). A contempt charge is a separate criminal case, not part of the FRO hearing. More: contempt of a restraining order.

Can a restraining order be dropped or dissolved?

Before the FRO hearing, the plaintiff can ask the court to dismiss the TRO. The judge usually asks whether the request is voluntary. After an FRO is entered, either party can ask the Family Part to dissolve or modify it for good cause. The court looks at factors such as whether the plaintiff consents, the relationship now, any contempt history, and whether the plaintiff still fears the defendant. A FRO can also be appealed to the Appellate Division, with a deadline of 45 days from the order.

Criminal domestic violence charges and restraining orders are two separate cases

See domestic violence charges.

Where will my restraining order case be heard?

In the Family Part of the Superior Court in the county where the order was filed. Hearings may be in person or virtual, as the notice says. We handle restraining order cases across our service counties from our Newark office: see where we handle cases.

Recent changes to New Jersey law on this topic

• 2024-01-08: P.L.2023, c.230 signed: coercive control added as a factor in FRO decisions (N.J.S.A. 2C:25-29(a)(7)); written findings required when the judge weighs some coercive-control factors as more or less relevant than others.
• 2006: Silver v. Silver sets the two-step test courts still apply to FRO requests.