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Legal Information: New Jersey

Restraining Orders

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Laws current as of October 23, 2024

What is the National Crime Information Center (NCIC) Registry? Who has access to it?

The National Crime Information Center Registry (NCIC) is a nationwide, electronic database used by law enforcement agencies in the U.S, Canada, and Puerto Rico. It is managed by the FBI and state law enforcement officials.

Before moving to New Jersey, the state that issued your protection order may already have entered your order into the NCIC. If not, your order will be entered into the NCIC once your order is registered in NJ.

Note: Most law enforcement officials have access to the NCIC, but the information is encrypted so outsiders cannot access it.

How do I register my protection order in New Jersey?

In order to register your protection order in NJ, you need to bring a copy of the order to a county Family Division Intake Domestic Violence Unit. You will also need to fill out a Victim Information Sheet and an Out-of-State certification form. The court will contact the court that gave you the order to verify that it is valid. Once your order has been verified, the Family Division should give you a copy and send one to the appropriate law enforcement agencies.

If you need help registering your protection order, you can contact a local domestic violence organization in New Jersey for assistance. You can find contact information for organizations in your area here on our NJ Advocates and Shelters page.
 

Do I have to register my protection order in NJ in order to get it enforced?

According to federal law, which applies to all states, you do not have to register your protection order in order to get it enforced.1

NJ has guidelines in place that address registration of foreign (out-of-state) restraining orders. These guidelines give full protection to an out-of-state protection order as long as you can show the officer a copy of the order and can truthfully tell the officer that you believe the order is still in effect.2 The order does not have to be entered into the state or federal registry in order to be enforced by a New Jersey police officer, but the officer does need to believe that it is a valid (real) order.

1 18 U.S.C. § 2265(d)(2)
2 State of New Jersey Domestic Violence Procedures Manual, amended 2022, section IX(C)(1)

Will the abuser be notified if I register my protection order?

Under the federal Violence Against Women Act (VAWA), which applies to all U.S. states and territories, the court is not permitted to notify the abuser when a protective order has been registered or filed in a new state unless you specifically request that the abuser be notified.1  However, you may wish to confirm that the clerk is aware of this law before registering the order if your address is confidential.

However, remember that there may be a possibility that the abuser could somehow find out what state you have moved to.  It is important to continue to safety plan, even if you are no longer in the state where the abuser is living.  We have some safety planning tips to get you started on our Safety Planning page.  You can also contact a local domestic violence organization to get help in developing a personalized safety plan. You will find contact information for organizations in your area on our NJ Advocates and Shelters page.

1 18 USC § 2265(d)

 

What if I don't register my protection order? Will it be more difficult to have it enforced?

If you don’t register your order, it should not be any more difficult to get your order enforced although is is possible that it may take longer for law enforcement to verify that it is a valid order if it is not registered.  However, neither federal law1 nor state law2 requires that you register your protection order in order to get it enforced. A police officer must enforce an out-of-state protection order as long as it appears to be valid.

If you are unsure about whether registering your order is the right decision for you, you may want to contact a local domestic violence organization in your area. An advocate there can help you decide what the safest plan of action is for you in New Jersey. To see a list of local domestic violence organizations in NJ, go to our NJ Advocates and Shelters page.

1 18 U.S.C. § 2265(d)(2)
2 State of New Jersey Domestic Violence Procedures Manual, amended 2022, section IX(C)(1)

Does it cost anything to register my protection order?

There should be no fee for registering your protection order in New Jersey.