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How do I get a restraining order in New Jersey?

Federal & State Law Editorial TeamLast reviewed: 2026-05-18

New Jersey's protective orders are notable for being permanent unless vacated.

1. Types of Protective Orders

  • Domestic Violence TRO/FRO — Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 et seq.
  • Sexual Assault Survivor Protection Order (SASPA) — N.J.S.A. 2C:14-13 to -21 (for non-DV sexual assault).
  • Stalking Protective Order — N.J.S.A. 2C:12-10.1 (conviction-based).
  • Extreme Risk Protective Order (ERPO) — N.J.S.A. 2C:58-23 et seq. (red flag).
  • Workplace — pursued via injunction under R. 4:52.

    • 2. Eligibility

    DV TRO requires "victim of domestic violence" (§ 2C:25-19(d)): spouse, former spouse, household member (current or former), person with a child in common, person in a present or former dating relationship. SASPA requires no relationship.

    3. Filing

    File in Family Part of Superior Court (Chancery Division) in the county of residence, the act, or where defendant lives. After hours, file at any police station — judge available by phone 24/7. No filing or service fee (§ 2C:25-29(b)).

    4. Emergency / Ex Parte (TRO)

    Issued on showing of "good cause" plus a predicate act listed in § 2C:25-19(a) (assault, terroristic threats, harassment, stalking, sexual contact, criminal mischief, etc.). Immediately effective; FRO hearing scheduled within 10 days (§ 2C:25-29(a)).

    5. Final Restraining Order (FRO) Hearing

    Preponderance standard. Silver v. Silver two-prong test: (1) predicate act occurred; (2) order is necessary to protect victim from further abuse. Both parties present, may have counsel.

    6. Permanent Order Duration

    FROs are permanent under New Jersey law; they do not expire and remain in force until either party successfully moves to dissolve under Carfagno v. Carfagno factors.

    7. Enforcement

    Violation is fourth-degree contempt under N.J.S.A. 2C:29-9(b) (up to 18 months prison); second violation requires mandatory minimum 30 days jail. Arrest mandatory on probable cause (§ 2C:25-31). Federal firearm ban under 18 U.S.C. § 922(g)(8); mandatory forfeiture under § 2C:25-29(b).

    8. Modification / Dissolution

    Defendant must motion under Carfagno; court evaluates 11 factors including consent, fear, age, and intervening violations.

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • Defendant has retained counsel for the FRO hearing
    • Custody, support, or exclusive possession of the home is at stake
    • Defendant is law enforcement or holds an FID/permit (permanent firearm ban)
    Related Statutes & Laws
    • N.J.S.A. 2C:25-17 et seq.
    • N.J.S.A. 2C:14-13 et seq.
    • N.J.S.A. 2C:29-9
    • N.J.S.A. 2C:58-23
    • 18 U.S.C. § 922(g)(8)

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.