How To Get A Restraining Order In New Jersey

Restraining orders in New Jersey are legal protections issued by superior courts and municipal judges to protect domestic violence victims from further abuse. These orders are governed by the Prevention of Domestic Violence Act of 1991 (N.J.S.A. 2C:25-17). People who are not victims of domestic violence but have suffered acts of sexual assault, stalking, or cyber harassment can apply for protective orders under the Victims' Assistance and Survivor Protection Act (N.J.S.A. 2C:14-13). Courts can issue temporary or final orders to protect victims from short-term and long-term threats.

Requests for restraining or protective orders are handled through the New Jersey civil court system, and related information may appear in New Jersey civil court records, depending on the case and its outcome.

Once issued, a restraining order can revoke a defendant's child custody, use of firearms, and access to the petitioner's home. Respondents/defendants may also be fined and ordered to compensate victims, provide ongoing financial assistance, and submit to psychiatric evaluation. New Jersey restraining orders are generally civil orders, but violations can result in criminal contempt with the potential penalty of incarceration.

Types Of Restraining Orders in New Jersey

Restraining orders in New Jersey are classified according to the abuser involved and how long they last. The first category includes the following:

• Domestic Violence Restraining Orders (N.J.S.A. 2C:25-17): This type of order applies to people who experience domestic violence from dating partners, co-parents, or household members. Eligible parties include people 18 years or older and emancipated minors (people under the age of 18 who have had children, are pregnant, have been declared adults by courts, or are part of the military).
• Sexual Assault Survivor Protection Orders (N.J.S.A. 2C:14-13): Orders in these cases are called protective orders. They are available to victims of sexual assault regardless of their relationship with the perpetrator. Defendants in this case could be coworkers, neighbors, and acquaintances. However, one may only apply if the defendant is above 18 and not a family member of the victim.

On the other hand, the following are types of restraining orders based on duration:

• Temporary restraining orders (TROs): For victims of domestic violence. Usually lasts 10 days.
• Final restraining orders (FROs): For domestic violence victims. Permanent.
• Temporary protective orders (TPOs): Issued to sexual assault survivors. Lasts up to 10 days.
• Final protective orders: Issued to sexual assault survivors. Lasts indefinitely.

Are Restraining Orders Public Record In New Jersey?

Yes. New Jersey Court Rule 1:38-1 states that civil and criminal records maintained by the judiciary are open to members of the public. However, certain sections of the rule, specifically Rule 1:38-3, prevent access to specific case records, such as:

• Information about victims of sexual abuse and domestic violence
• Records related to child custody and adoption proceedings
• Sealed complaints, warrants, affidavits, and other court documents
• Information tied to ongoing police investigations

Additionally, N.J.S.A. 2C:14-19 states that records of protective orders issued under N.J.S.A. 2C:14-13 are not public records.

Restricted records will be redacted if they are part of publicly available documents. However, in some cases, parties and their representatives, law enforcement agencies, and other parties permitted by law will be granted access to confidential case records.

How To Look Up Restraining Orders In New Jersey

Looking up a restraining order in New Jersey involves searching the superior court civil records in the county where the event occurred. Individuals can visit the local court within their county to inquire about these cases. One can also contact the New Jersey Superior Court Clerk's Office to use any of its records request options to access closed cases.

Additionally, members of the public may be able to obtain information about people who violated restraining orders by looking up criminal case records. One can achieve this by contacting the state superior clerk's office, visiting the local criminal division of the superior court that handled the matter, or opening the criminal case lookup web portal.

Can You Look Up A Restraining Order Online?

Yes. The New Jersey judiciary provides an online civil records case search system. However, only registered parties can access the system. Additionally, the portal does not return search results for confidential or restricted cases.

How To File A Restraining Order In New Jersey

Restraining orders related to domestic violence victims are filed with the Family Unit of the Chancery Division of the Superior Court. However, individuals filing under N.J.S.A. 2C:25-17 can obtain temporary restraining orders from municipal court judges or at police precincts on weekends, holidays, and during hours when the Superior Court is closed.

Restraining orders can only be sought from the superior court. If the court is closed, the applicant must wait until its next session.

Filers will receive assistance from court staff when completing the application. Once the form is completed, a judge or hearing officer will review the petition and listen to the petitioner to determine whether to grant a temporary restraining order or protective order (TRO or TPO). If the petition is filed at the police station, the law enforcement agency will contact a judge to ask for the TRO.

If the TRO or TPO is granted, a copy will be sent to the police or the Sheriff's office to issue to the defendant. These restraining orders usually last 10 days or until the date of the final hearing. The final hearing can also proceed if the judge or hearing officer denies the temporary restraining order.

A TRO for domestic violence may allow the defendant to visit the residence shared with the victim to collect their belongings under police supervision. It may command police officers to confiscate the respondent's firearms and other weapons. TROs can also include guidelines for temporary child custody and visitation. Finally, the document will indicate the date for the final hearing.

The final hearing is fixed within 10 days of the plaintiff's submission. However, defendants can ask for earlier dates. If an earlier date is granted, the court will notify the plaintiff.

Both parties must be present at the final hearing and can hire lawyers if they choose. The court will hear from both sides and review evidence and testimony, if any, before deciding on the final restraining or protective order. The final order is permanent in New Jersey, which means it lasts forever unless the court terminates or modifies it.

The final order can grant any number of reliefs to the plaintiff outlined under N.J.S.A. 2C:25-29. These include:

• Excluding the defendant from the home, school, workplace, and other properties of the victim
• Commanding the defendant to refrain from abusing the victim
• Forbidding the defendant from contacting the victim
• Granting exclusive possession of shared property or property owned by the defendant to the victim
• Awarding monetary support to the victim, such as child support, mortgage payments, or rent
• Ordering the defendant to attend domestic violence counseling or undergo a psychiatric evaluation
• Stripping the abuser of their access to weapons, such as firearms

Can You File A Restraining Order For No Reason In New Jersey?

No. N.J.S.A. 2C:25-29 and N.J.S.A. 2C:14-16 establish that plaintiffs must prove the claims in their complaints by a "preponderance of the evidence". This legal standard means that victims must show that further abuse is more likely to happen than not.

What Proof Do You Need For A Restraining Order In New Jersey?

The following are examples of evidence that one can submit during the final hearing for a restraining or protective order in New Jersey:

• Plaintiff's testimony, providing the location, date, and other details of the abuse
• Witness testimony, including eyewitnesses
• Photos and videos of visible bodily harm and property damage
• Copies of medical records
• Copies of police reports
• Documents, such as court records, of previous protective or restraining orders, criminal contempt, or convictions, if any
• Report that the defendant has access to a firearm
• Financial documents and child custody papers, if seeking ongoing support and custody

How Long Does It Take To Get A Restraining Order In New Jersey?

Temporary restraining and protective orders are usually granted or denied on the same day plaintiffs submit their complaints. The final hearing is fixed within 10 days after the TRO or TPO hearing. As such, it generally takes up to 10 days for victims to get final restraining or protective orders in New Jersey.

How Long Does A Restraining Order Last In New Jersey?

TROs and TPOs generally expire on the date of the final restraining order hearing, which is set within 10 days after plaintiffs file their complaints. FROs, on the other hand, are permanent unless a judge enters a specific period. A final restraining order stays in effect until a judge rules on its modification or dismissal.

How Much Does A Restraining Order Cost in New Jersey?

Victims and plaintiffs are not required to cover court costs, such as filing fees and other expenses, when filing for restraining or protective orders in New Jersey. However, defendants must pay a surcharge of $100 if an order is granted. Additionally, the abuser may be required to pay a fine of up to $500, pay compensatory fees to the plaintiff, and cover other costs, such as attorney fees and travel expenses.

Can You Cancel A Restraining Order In New Jersey?

Yes. Defendants can appeal FROs. They have 45 days after the final order is entered to appeal the judge's decision. However, certain court procedures allow individuals (plaintiffs or defendants) to request changes to domestic violence restraining orders or sexual assault survivor protection orders.