How do I file a Temporary Restraining Order in New Jersey ?
Updated: Jul 22, 2021
What is a Temporary Restraining Order in New Jersey ?
It is a Court Order that mandates the offender to refrain from contacting you (directly or indirectly). As the name dictates, it is a Temporary Restraining Order. Typically there is a hearing involved to render this into a Final Restraining Order.
Where can I get a Temporary Restraining Order in New Jersey ?
You can request a TRO in any of the following locations:
1. County where the offense occurred
2. County where you live
3. County where the defendant lives
Do I need to go to Superior Court in New Jersey to file this ?
Not necessarily. Superior Court is where all family cases are handled (county-level cases). Well, then what happens when the court shuts its doors to the public? You can contact your local police, who will then contact a Judge to file the TRO on your behalf.
If I get the Temporary Restraining Order does the offender need to stay away from me ?
It depends on the terms, but in a vast majority of cases – Yes.
Do note that you must have the defendant served.
This can be accomplished in many ways, but one of most efficient option is to retain the services of your County’s Sheriff’s Department or Law Enforcement Agency to assist you with this.
Refer to this link https://www.njcourts.gov/courts/assets/family/dvprcman.pdf
Go to section 3.14 on page III-12.
What do I need to allege to receive a Temporary Restraining Order in New Jersey
You need to first allege one of these offenses (click on the statute for description):
Homicide (N.J.S.A. 2C:11-1 eq seq)
Assault (N.J.S.A. 2C:12-1)
Terroristic Threats (N.J.S.A. 2C:12-3)
Kidnapping (N.J.S.A. 2C:13-1)
Criminal Restraint (N.J.S.A. 2C:13-2)
False Imprisonment (N.J.S.A. 2C:13-3)
Sexual Assault (N.J.S.A. 2C:14-2)
Criminal Sexual Act (N.J.S.A. 2C:14-3)
Lewdness (N.J.S.A. 2C:14-4)
Criminal Mischief (N.J.S.A. 2C:17-3)
Burglary (N.J.S.A. 2C:18-2)
Criminal Trespass (N.J.S.A. 2C:18-3 )
Harassment (N.J.S.A. 2C:33-4)
Stalking (N.J.S.A. 2C:12-10)
Among these offenses, harassment, stalking, and criminal mischief appear more often than not. There is ample caselaw regarding all of the 2C offenses listed above. If you have any questions, do not hesitate to contact us at (201) 800-4564.
The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.