Legal Information: New Jersey

Restraining Orders

View all
Updated: 
November 10, 2022

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

New Jersey law does not allow a domestic violence restraining order to be filed against a minor unless the minor is considered to be legally 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 If a minor (who is unemancipated) commits an act of domestic violence, it can be the basis for civil restraints as part of a delinquency petition (which is different than a petition for a restraining order).3 You can read more about delinquency petitions on our Selected NJ Statutes page.

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

Legal Information

WomensLaw serves and supports all survivors, no matter their sex or gender.

© 2008–2023 WomensLaw.org is a project of the National Network to End Domestic Violence, Inc. All rights reserved. This website is funded in part through a grant from the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice. Neither the U.S. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this website (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided). NNEDV is a 501©(3) non-profit organization; EIN 52-1973408.