A temporary restraining order, or TRO, is the emergency stage of a New Jersey domestic violence case. It can be entered before the defendant has notice or an opportunity to be heard, so the order should be read carefully and obeyed immediately once served.
Who Can Seek Relief Under the PDVA?
The Prevention of Domestic Violence Act does not apply to every dispute between two people. N.J.S.A. 2C:25-19(d) defines who qualifies as a victim of domestic violence. The protected relationships include a spouse or former spouse, a present or former household member, a person with whom the defendant has or anticipates having a child in common, and a person with whom the defendant has had a dating relationship.
That relationship requirement is separate from the question whether a predicate act of domestic violence occurred.
Where and When a Complaint Can Be Filed
A domestic violence complaint may be filed in the Family Part. The statute permits filing where the alleged act occurred, where the defendant resides, or where the plaintiff resides or is sheltered. When the courts are closed, a complaint may be presented through the emergency procedure involving an assigned Family Part or municipal court judge.
The TRO Hearing Is Usually Ex Parte
Rule 5:7A and N.J.S.A. 2C:25-28 allow emergency ex parte relief. That means the plaintiff may initially appear without the defendant. The judge or authorized domestic violence hearing officer considers the sworn complaint, affidavit, and testimony to determine whether emergency restraints are warranted.
What a TRO Can Do Immediately
Depending on the facts and requested relief, a TRO may prohibit contact, bar the defendant from a residence or other locations, address temporary custody or support, control temporary possession of property, and require surrender of firearms and other weapons. New Jersey law does not permit an “in-house” restraining order that leaves both parties living in the same premises while attempting to divide the home by restrictions.
Firearms and Weapons
The PDVA contains immediate weapons provisions. A restraining order can require surrender of firearms and other weapons, and police responding to a domestic violence incident have separate statutory authority and duties concerning weapons when probable cause exists.
What Happens Next
If a TRO is entered, the defendant is served and an FRO hearing is scheduled in the Family Part, ordinarily within 10 days of the complaint. That schedule can be adjourned when service, counsel, requested records, amendments, or other due-process needs make additional time necessary.
The TRO remains enforceable during that period unless a judge modifies or dismisses it. Private agreement between the parties does not cancel a court order.