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Legal Information: New Jersey

Restraining Orders

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Laws current as of October 23, 2024

What protections can I get in a final (permanent) restraining order?

final restraining order can order the abuser to:

  • not commit domestic violence against you;
  • not threaten to harm, harass, or stalk you or anyone else named in the restraining order;
  • stay away from the home, property, school, work, or any other place that is named in the restraining order of you and your family or household members;
  • pay in full or in part the rent or mortgage on your home, or pay your rent for a new place if you move, if the judge decides that the abuser has a duty to support you or your children;
  • not make any contact that is likely to annoy or alarm you, including contact in person, by telephone, in writing, or through a third person with you or your family members, employers, other workers, etc;
  • pay you for reasonable losses resulting from the abuse, which can include lost earnings or support, the cost of injuries, moving or travel expenses, the replacement or repair of property damaged or taken by the abuser, attorney and counseling fees, the cost of replacing the locks on your home, compensation for pain and suffering, etc.;
  • not buy, own, or have a firearm or other weapons; The judge can also order a search for and seizure of any firearm or other weapons at any place where the judge has reasonable cause to believe one is located;
  • attend domestic violence counseling;
  • undergo a psychiatric evaluation; and
  • report to the court to monitor that s/he is following the terms.1

final restraining order can also give you the following:

  • sole possession of the home where you both live - in other words, removing the abuser from the home - even if the home is owned or leased only by the abuser, not you;
  • new locks on your home, by requiring the landlord to change them;
  • temporary custody and an order that says:
    • how often the abuser can see your minor children;
    • the time and place of that parenting time; and
    • whether supervision or the participation of a third party is required for the abuser to see your minor children. If the abuser is given parenting time and then threatens the safety and well-being of your children in some way, you can apply for an emergency hearing and the judge will consider suspending the abuser’s parenting time;
  • protection for your child when s/he is born, if you are currently pregnant;
  • temporary possession of your personal belongings, such as a car, checkbook, health insurance documentation, identification, keys, and other personal items;
  • emergency financial support from the abuser, including support for your minor children;
  • an order that a law enforcement officer must accompany you or the abuser to your home or shared workplace to supervise the removal of personal items;
  • possession of any animal owned or kept by you, the abuser, or a child who lives in either household; and
  • any other appropriate help or protection (“relief”) you ask for, for yourself or your minor children.1

Whether a judge orders any or all of the above depends on the facts of your case.

If the order says the abuser cannot have firearms, the judge must have a law enforcement officer go to any place where the abuser keeps guns or other weapons and take (“seize”) them. The officer will either go with the abuser or, if the order does not allow the abuser to go there, the officer will go alone to take them.1

1 N.J. Stat. § 2C:25-29(b)