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Legal Information: New Jersey

Restraining Orders

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Updated: 
January 28, 2020

Can a minor file for a restraining order against an abuser who is under age 18?

The law does not allow a domestic violence restraining order to be filed against a minor (unless the minor is emancipated).1 A minor is considered to be “emancipated” if s/he has been married, has entered military service, has a child, is pregnant, or has been previously declared by a court or an administrative agency to be emancipated.2 However, a minor who is being stalked by anyone (including another minor) can get a restraining order based on “stalking of a child” if the minor victim’s parent/guardian files a complaint with the Superior Court. A conviction for stalking is not required.3 You can read the law on “stalking of child” and the restraining order that is available on our Selected NJ Statutes page.

1 See N.J. Stat. § 2C:25-19(a)
2 N.J. Stat. § 2C:25-19(e)
3 N.J. Stat. § 2C:12-10.2(c), (d)