Legal Information: New Jersey

Restraining Orders

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Updated: 
August 6, 2021

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)

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