Legal Information: New Jersey

Restraining Orders

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February 3, 2016

Am I eligible to get a restraining order?

You may be eligible for a restraining order against any of the following people who committed an act of domestic violence against you:

  • a spouse or former spouse;
  • any present or former household member (if you are 18 or older or an emancipated minor); (Note: "former household member" means someone who "at any time" was a household member);
  • someone with whom you have a child in common or are expecting a child; or
  • someone you are dating or have dated.*

Note: If there are emergency circumstances that make it impossible for you to appear in court to file for a temporary order, a judge can still issue a temporary restraining order based upon your sworn complaint or based on the testimony of someone who represents you (if you are physically or mentally incapable of filing personally).**

If you do not qualify for a domestic violence restraining order, please see What if I don't qualify for a restraining order? for more information. 

* NJSA § 2C:25-19(d)
** NJSA § 2C:25-28(h)