A temporary restraining order is a court order that may prohibit direct or indirect contact and impose other immediate restraints. A later hearing generally determines whether the temporary order should become a final restraining order.
Where a request may be made
A person may generally seek relief in the county where the alleged act occurred, where the plaintiff resides, or where the defendant resides. During court hours, applications are ordinarily handled through the Superior Court. Outside court hours, local law enforcement may assist with access to an on-call judge.
Service and the hearing
The defendant must be served with the order. The order will identify the restrictions in effect and the date of the final hearing. Both parties should preserve messages, photographs, recordings, medical records, witness information, and other relevant evidence.
The legal standard is fact-specific
New Jersey domestic-violence proceedings require analysis of the alleged predicate act, the parties’ qualifying relationship, the history between the parties, and whether restraints are necessary for protection. Because the consequences are significant, prompt legal advice may be important for either party.