Feeling the need to apply for a restraining order can be one of the most stressful experiences in your life—you have gotten to the point where fear and anxiety about your physical safety or emotional well-being because of domestic violence, or stalking have escalated to the point you are seeking help from the court. But what proof do you need to provide to the court? Does the nature of your relationship with the person you seek protection from matter? What is the likelihood that your petition will be granted?

If you reside in New Jersey and need to obtain a restraining order, the Lento Law Firm is ready to help you with the legal experience and knowledge you need and the compassion you deserve. The Family Law Team has helped clients who are victims of domestic violence, intimate partner violence, stalking, and related offenses obtain restraining orders so they can again feel safe. Call us at 888-535-3686 or use this online form to contact us.

Restraining Orders in New Jersey

In New Jersey, a restraining order, also known as a personal protection order, is a court-ordered document prohibiting one person (defendant) from contacting or getting within a certain distance from another person (plaintiff). In most cases, a petitioner applies for a Temporary Restraining Order (TRO) following the guidelines in their county; usually, this means filing the petition at a courthouse during business hours or at a police station at all other times. The petitioner typically applies in person, but they may also have their sworn testimony and application submitted by a representative. The alleged perpetrator does not need to attend.

If the plaintiff alleges that the defendant possesses or has access to a firearm, the court may issue a temporary extreme risk protection order. The court will schedule a final restraining order (FRO) hearing within ten days, and both the defendant and plaintiff must attend.

Requirements for Obtaining a Restraining Order in New Jersey

Recent changes in New Jersey laws have expanded the grounds for obtaining a restraining order. Effective January 1, 2024, a prior relationship between the plaintiff and defendant is no longer a requirement if the allegations include stalking—including cyber-stalking—which is now included under the definition of acts of domestic violence.

The evidence the petitioner must provide of their allegations of at least one incident of domestic violence can include the following:

• Their own detailed account
• Testimony from witnesses to the abuse
• Medical records showing treatment they received for injuries resulting from the abuse
• Threatening messages or social media posts from the defendant
• Copies of police reports regarding past abuse
• Audio or video recordings of incidents of domestic violence or photographs of physical injuries or property damage

The Lento Law Firm Can Guide You Through the Restraining Order Process

Unfortunately, statistics are not available about the percentage of restraining order petitions that are denied in New Jersey, but it does happen, sometimes with tragic consequences. If you or a loved one needs a restraining order, the Lento Law Firm and its Family Law Team can provide the best strategy for obtaining one. Tell us about your case by calling 888-535-3686 or contact us through this online form.