Understanding Restraining Orders In New Jersey

Sussex County Restraining Order Attorneys

The New Jersey Prevention of Domestic Violence Act offers protection against domestic violence in New Jersey by giving the courts authority to issue temporary and final restraining orders. At the law offices of Morris, Downing & Sherred, our experienced domestic violence attorneys can guide you through the process of obtaining a temporary restraining order, and protect your rights in court by arguing your case to ensure that a final restraining order is granted. For more than a century, we have defended victims against abusers, and have provided the aggressive representation they need and deserve.

New Jersey Temporary Restraining Order

A temporary restraining order prohibits any physical contact between you and your abuser, and can require:

  • The abuser to stay away from you and your home, workplace, school or other location
  • The abuser to maintain a certain distance away from the person who is being protected
  • The abuser not to use any means to call or otherwise contact you, including, by email, text or mail, whether you are at home, work or any other location
  • The abuser to provide for temporary support, including alimony and child support

How To Obtain A Temporary Restraining Order

If you are a victim of domestic violence, you can obtain a temporary restraining order against your abuser at either the Family Division of your county superior court, at your local police station or the nearest State Police barracks.

Temporary Restraining Orders At The Courthouse

Monday-Friday 8:30 a.m.-4 p.m.

Temporary Restraining Orders With The Police

Monday-Friday 4 p.m.-8:30 a.m. and on weekends

When you arrive at the county courthouse or police station, tell the clerk or officer on duty that you:

  • Are a victim of domestic abuse
  • Would like to file a complaint against your abuser
  • Would like a temporary restraining order against your abuser

After you have filled out paperwork detailing all of the domestic violence you have suffered, including all incidents of violence both past and present, a judge will speak to you regarding your situation. Be sure to tell the judge each account of violence carefully and precisely, in order to present an accurate picture of your domestic situation. Once your case has been heard, the judge will determine if a New Jersey temporary restraining order should be granted. Even if the municipal court judge denies your after-hours request (through the police) for a temporary restraining order, you may still reapply during normal business hours through your county superior court's Family Division.

The Final Restraining Order

Both you and your abuser will be ordered to appear at a final restraining order hearing within 10 days after receiving the temporary restraining order. Sometimes victims of domestic violence have difficulty coming face to face with their abuser — especially after obtaining a temporary restraining order. The domestic violence attorneys at Morris, Downing & Sherred can help you through this difficult and emotional time.

Contact Us Today

As a victim of domestic violence, it is important to know that you are not alone. The domestic violence attorneys at Morris, Downing & Sherred are experienced in handling all New Jersey domestic violence matters and can navigate you through this difficult time in your life. If you are the victim of domestic violence, contact us online or call our Newton offices at 973-383-2700 for a confidential consultation and do everything you can to protect yourself from abuse.