Temporary Restraining Order (TRO)

The first step to freedom from domestic abuse in New Jersey is obtaining a temporary restraining order (TRO.) TROs impose criminal penalties for contacting or coming within a specified distance of a person and can also prohibit contact with family, friends, and co-workers.  In order to obtain a TRO, you must prove that there was an act of domestic violence or a pattern of physical, verbal, or sexual abuse.  If you’re a victim of domestic violence seeking a TRO, or a defendant facing temporary restraining order it’s important to hire an attorney to represent you.

Who’s Eligible for a TRO in New Jersey?

New Jersey’s Prevention of Domestic Violence Act protects persons over the age of 18 or emancipated minors from domestic violence perpetrated by a current or former spouse, household member, dating partner, or co-parent. Emancipated minors must meet at least one of the following criteria:

●     Married or formerly married;

●     Military service;

●     Parent;

●     Pregnant or

●     Declared emancipated by a court of law.

When an abuser is under 18 years of age and not emancipated, it’s not considered domestic abuse, so you can’t obtain a TRO, but there are alternative procedures available for protection.  

Temporary Restraining Order (TRO) Procedures in New Jersey

After the court orders a TRO, the defendant will be served with an order that includes a date to appear for a hearing and all firearms in their possession will be seized. If the defendant lives with the plaintiff, they will be forced to move out, even if they own the residence. The TRO will remain in effect until the judge extends it, removes it or replaces it with a final order. It is important to remember that any violation of the order can result in criminal penalties against the defendant even if they are consensual.  That’s why it’s important to hire a an attorney that knows how to safely guide you through the process.