Reviewed August 2026
Protective Orders in New Jersey
If you are in immediate danger, call 911. The National Domestic Violence Hotline is 1-800-799-7233. New Jersey's civil remedy for domestic violence is the restraining order, under the 1991 Prevention of Domestic Violence Act. It covers people who are or were married, separated, dating, living together, or who have a child together. One of them must have committed an act like assault, harassment, stalking, or cyber-harassment against the other. A plaintiff can get a Temporary Restraining Order the same day, without the other party present. This happens at the county Superior Court's Domestic Violence Unit, or after hours through local police. A Final Restraining Order hearing, where both sides appear, is scheduled within 10 days. This page covers eligibility, the two-stage process, where to file, firearms, and how it fits with a custody or divorce case.
Virdix's document-preparation product currently prepares divorce paperwork for California and Florida cases. This page explains how protective orders works under New Jersey law for people researching before they file. It is not legal advice, and Virdix does not prepare or file New Jersey paperwork. See how Virdix works for California divorces.
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Who qualifies
Under the Prevention of Domestic Violence Act, a plaintiff and defendant must have one of these connections: married, separated, divorced, or currently or formerly living together. They may also be currently or formerly dating, or share a child together. Both people generally must be 18, or an emancipated minor. The Act covers 19 specific offenses, including assault, harassment, stalking, and cyber-harassment, when committed within one of those qualifying relationships.
The Temporary Restraining Order: ex parte and same-day
A plaintiff can go to the Domestic Violence Unit at the county Superior Court's Family Division during weekday business hours. This can happen in the county where the plaintiff lives, where the defendant lives, or where the plaintiff is currently staying. Court staff interview the plaintiff about the incident and any history of abuse. A hearing officer or judge then decides whether to issue a Temporary Restraining Order without the defendant present. If the hearing officer declines, the plaintiff can ask for judicial review. Outside of court hours, a person can go to the local police department for emergency relief.
The Final Restraining Order hearing
After a Temporary Restraining Order issues, a Final Restraining Order hearing is scheduled within 10 days. Both parties appear, and the defendant can respond. A defendant may ask for the hearing to be moved earlier. If the court grants a Final Restraining Order, it does not expire on its own. It stays in effect permanently, unless a court later changes or dissolves it.
Firearms and other relief
A Temporary Restraining Order in New Jersey includes a warrant authorizing law enforcement to search for and seize weapons for safekeeping. A defendant is also prohibited from possessing weapons while a restraining order is in effect. Beyond the no-contact and weapons provisions, a restraining order can also address custody, child support, and parenting time between the parties.
Interaction with divorce and custody
A New Jersey restraining order can itself set custody, parenting time, and child support terms. Because of that, it can function alongside or ahead of a separate divorce or custody filing between the same parties. New Jersey does not use mediation when a restraining order is in effect or where there is a history of domestic violence. This is a deliberate safeguard, so a survivor is not required to negotiate directly with an abuser. If a restraining order is later dismissed, either party can ask the court to set a separate child support order going forward.
Sources: New Jersey Courts: Domestic Violence self-help, New Jersey Courts: Domestic Violence FAQ, New Jersey Coalition to End Domestic Violence
Not independently confirmed
- Exact statutory citation (N.J.S.A. 2C:25-17 et seq.) for the Prevention of Domestic Violence Act was not directly quoted on the njcourts.gov pages fetched; this page names the Act by its common title as confirmed by the court's own FAQ page
- Whether there is a filing fee: njcourts.gov self-help pages did not state one either way, and New Jersey's own filing-fee subpage could not be reached during verification
- Whether the NJ Statewide Domestic Violence Helpline number 1-800-572-7233 (also stated as 1-800-572-SAFE) matches the number njcourts.gov itself would list, since that number came from njcedv.org rather than the courts
Protective Orders in New Jersey: frequently asked questions
How do I get a restraining order in New Jersey?+
Go to the Domestic Violence Unit at the county Superior Court's Family Division. Choose the county where you live, where the defendant lives, or where you are currently staying. Staff will interview you, and a hearing officer or judge can issue a Temporary Restraining Order the same day, without the other person present. After hours, go to your local police department.
Who qualifies for a restraining order in New Jersey?+
You need to be or have been married, separated, dating, living together, or share a child with the person who hurt you. The conduct must be one of the offenses covered by the Prevention of Domestic Violence Act, such as assault, harassment, or stalking.
How long until my final hearing in New Jersey?+
A Final Restraining Order hearing, where both sides appear, is scheduled within 10 days of the Temporary Restraining Order. The defendant can ask for an earlier date.
Does a New Jersey Final Restraining Order expire?+
No. Once granted, a Final Restraining Order in New Jersey is permanent. It stays in effect unless a court later changes or dissolves it.
Will a New Jersey restraining order take away someone's guns?+
A Temporary Restraining Order includes a warrant for law enforcement to search for and seize weapons for safekeeping. A defendant is prohibited from possessing weapons while the order is in effect.
Can a New Jersey restraining order include custody?+
Yes. In addition to no-contact protection, a restraining order can address custody, parenting time, and child support between the parties. This can happen alongside or ahead of any separate divorce or custody case.
This page is general information about protective orders in New Jersey, not legal advice for your situation. Laws, fees, and procedures change over time; confirm current details with New Jersey's own courts before relying on anything here. Virdix is not a law firm and is not licensed to practice law in New Jersey. Virdix does not prepare or file New Jersey divorce paperwork. It is not a substitute for an attorney licensed in New Jersey.
More New Jersey divorce guides
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