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Legal Information: New Jersey

Restraining Orders

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January 8, 2024

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 (but only if you are 18 or older or an emancipated minor);
  • someone with whom you have a child in common or are expecting a child; or
  • someone you are dating or have dated.1

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).2

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.

1 N.J. Stat. § 2C:25-19(d)
2 N.J. Stat. § 2C:25-28(h)