How to Get a Restraining Order in New Jersey
Reviewed by DocDraft Legal Team · New Jersey · Last updated September 17, 2026
In New Jersey, a Final Restraining Order is a permanent court order that directs an abuser to stop the abuse and stay away from you, and unlike most states it does not expire unless a judge later dissolves it. It is issued under the Prevention of Domestic Violence Act (N.J.S.A. 2C:25-17 and following). You seek protection when a spouse, partner, household member, co-parent, or someone you dated has assaulted, threatened, harassed, or stalked you (the qualifying acts are listed in N.J.S.A. 2C:25-19). You start by filing a domestic violence complaint with the Family Part of the Chancery Division of the Superior Court in the county where you live, where the abuser lives, or where the abuse happened (N.J.S.A. 2C:25-28). There is no fee to the victim to file. A judge can grant a Temporary Restraining Order (TRO) the same day, without the other person present, on good cause shown, and that TRO stays in effect until a judge issues a further order. A hearing on a Final Restraining Order must be held within 10 days of filing (N.J.S.A. 2C:25-29). If the court is closed, you can file at your local police department, which will reach an on-call municipal court judge. If you are in immediate danger, call 911; the National Domestic Violence Hotline is available at 1-800-799-7233. Attorney review of your petition is available through DocDraft.
Find out where you stand in New Jersey
Where are you in getting a restraining order?
DocDraft provides document preparation, not legal advice.
How do I get a restraining order in New Jersey?
File a domestic violence complaint with the Family Part of the Chancery Division of the Superior Court in your county. There is no fee to the victim. A judge can grant a Temporary Restraining Order the same day on good cause shown, and a Final Restraining Order hearing is held within 10 days of filing (N.J.S.A. 2C:25-28).
How long does it take to get a restraining order in New Jersey?
A judge can issue a Temporary Restraining Order the same day you file, without the other person present, when there is good cause to protect your life, health, or well-being (N.J.S.A. 2C:25-28). If the courts are closed, your local police department can reach an on-call municipal court judge who can enter an emergency TRO.
How long does a Final Restraining Order last in New Jersey?
A Final Restraining Order in New Jersey is permanent. It does not expire and stays in effect until a court dissolves it, which is unusual because most states set a fixed term. A Temporary Restraining Order lasts until a judge issues a further order, usually the Final Restraining Order at the hearing (N.J.S.A. 2C:25-29).
Which court handles restraining orders in New Jersey?
You file in the Family Part of the Chancery Division of the Superior Court, in the county where you live, where the abuser lives, or where the abuse occurred (N.J.S.A. 2C:25-28). When the court is closed, you can start the process at your local police department, which contacts an on-call municipal court judge.
New Jersey restraining order law at a glance
In New Jersey, a restraining order under the Prevention of Domestic Violence Act protects you from abuse by a spouse, former spouse, household member, co-parent, or someone you dated (N.J.S.A. 2C:25-17 and following). You ask for one by filing a domestic violence complaint with the Family Part of the Chancery Division of the Superior Court, and there is no fee to the victim. A judge can grant a Temporary Restraining Order (TRO) the same day, without notice to the other person, on good cause shown (N.J.S.A. 2C:25-28), and it stays in effect until a judge issues a further order. A hearing on a Final Restraining Order is held within 10 days of filing (N.J.S.A. 2C:25-29). New Jersey's Final Restraining Order is permanent and does not expire unless the court dissolves it.
Getting a permanent New Jersey Final Restraining Order after threats from an ex-partner
Because a New Jersey Final Restraining Order never expires, a single hearing can give lasting protection. Suppose your former partner keeps showing up at your home and sending threats. You go to the Family Part of the Chancery Division of the Superior Court, and staff help you complete a domestic violence complaint at no cost. That afternoon a judge finds good cause and signs a Temporary Restraining Order, effective until a further order (N.J.S.A. 2C:25-28). Police serve your ex and set the hearing within 10 days. At the hearing you show the threatening messages and testify. The judge grants a Final Restraining Order barring contact and ordering your ex to stay away (N.J.S.A. 2C:25-29). Because it is permanent, you keep the signed order with you and do not have to renew it. Attorney review of your petition is available through DocDraft.
Relevant Laws
N.J.S.A. 2C:25-28 (complaint and emergency ex parte TRO)
Provides that a victim may file a complaint alleging domestic violence with the Family Part of the Chancery Division of the Superior Court, and that a municipal court judge or a Family Part judge may enter an ex parte temporary restraining order on good cause shown, which remains in effect until a judge of the Family Part issues a further order.
N.J.S.A. 2C:25-29 (final restraining order hearing within 10 days)
Requires that a hearing be held in the Family Part of the Chancery Division of the Superior Court within 10 days of the filing of a complaint, and authorizes the court to grant a final restraining order with any relief necessary to prevent further abuse, including barring contact and prohibiting firearms.
N.J.S.A. 2C:25-19 (definitions and qualifying acts)
Defines domestic violence and the qualifying acts, including assault, terroristic threats, harassment, and stalking, and defines who counts as a victim protected by the Prevention of Domestic Violence Act.
Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 and following (New Jersey Courts self-help)
The New Jersey Courts self-help center explains the restraining order process, that there is no fee to the victim, and that a Final Restraining Order, if granted, does not expire.
Regional Variances
New Jersey restraining order rules at a glance
Order name
Restraining order under the Prevention of Domestic Violence Act: a Temporary Restraining Order (TRO) is issued first, then a Final Restraining Order (FRO) after a hearing (N.J.S.A. 2C:25-17 and following).
Where to file
The Family Part of the Chancery Division of the Superior Court, in the county where you live, where the abuser lives, or where the abuse occurred. There is no fee to the victim (N.J.S.A. 2C:25-28).
Emergency and temporary orders
A judge can issue a Temporary Restraining Order the same day, without the other person present, on good cause shown, and it stays in effect until a judge issues a further order (N.J.S.A. 2C:25-28). When courts are closed, a municipal court judge can enter an emergency TRO through the police.
Final order duration
A Final Restraining Order is permanent. It does not expire and remains in effect until a court dissolves it, following a hearing held within 10 days of filing (N.J.S.A. 2C:25-29).
Main form
A domestic violence complaint completed with court intake staff or the police, rather than a self-serve numbered petition. Law enforcement serves the Temporary Restraining Order on the other person at no charge.
Suggested Compliance Checklist
Prepare your domestic violence complaint
As soon as possible after the abuse days after startingWrite down the abuse, your relationship to the person, and specific dates, and gather photos, messages, and witness names. Court intake staff or the police help you complete the complaint. Attorney review of your petition is available through DocDraft.
File with the Superior Court, Family Part
Same day, or after hours at the police days after startingFile your domestic violence complaint with the Family Part of the Chancery Division of the Superior Court in the right county (N.J.S.A. 2C:25-28). There is no fee to the victim. When the court is closed, file at your local police department.
Get and carry the Temporary Restraining Order
Same day the judge signs it days after startingIf the judge grants a Temporary Restraining Order on good cause shown (N.J.S.A. 2C:25-28), get the signed order and keep a copy with you. It stays in effect until a judge issues a further order. Note your Final Restraining Order hearing date.
Confirm service on the other person
Before the hearing days after startingLaw enforcement serves the defendant with the Temporary Restraining Order and complaint at no charge to you. Confirm service happened, because the abuser must have notice for the judge to enter a Final Restraining Order at the hearing.
Attend the Final Restraining Order hearing
Within 10 days of filing days after startingGo to the hearing, held within 10 days of filing (N.J.S.A. 2C:25-29), and bring photos, messages, and witnesses. Both sides can testify. The judge decides whether to grant a permanent Final Restraining Order. If you miss it, your TRO can be dismissed.
Keep your permanent order safe
After the order is granted days after startingA New Jersey Final Restraining Order is permanent and does not expire (N.J.S.A. 2C:25-29), so you do not renew it. Keep a certified copy with you, give one to your workplace or school if needed, and report any violation to the police.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Prepare your domestic violence complaint | Write down the abuse, your relationship to the person, and specific dates, and gather photos, messages, and witness names. Court intake staff or the police help you complete the complaint. Attorney review of your petition is available through DocDraft. | - | As soon as possible after the abuse |
| File with the Superior Court, Family Part | File your domestic violence complaint with the Family Part of the Chancery Division of the Superior Court in the right county (N.J.S.A. 2C:25-28). There is no fee to the victim. When the court is closed, file at your local police department. | - | Same day, or after hours at the police |
| Get and carry the Temporary Restraining Order | If the judge grants a Temporary Restraining Order on good cause shown (N.J.S.A. 2C:25-28), get the signed order and keep a copy with you. It stays in effect until a judge issues a further order. Note your Final Restraining Order hearing date. | - | Same day the judge signs it |
| Confirm service on the other person | Law enforcement serves the defendant with the Temporary Restraining Order and complaint at no charge to you. Confirm service happened, because the abuser must have notice for the judge to enter a Final Restraining Order at the hearing. | - | Before the hearing |
| Attend the Final Restraining Order hearing | Go to the hearing, held within 10 days of filing (N.J.S.A. 2C:25-29), and bring photos, messages, and witnesses. Both sides can testify. The judge decides whether to grant a permanent Final Restraining Order. If you miss it, your TRO can be dismissed. | - | Within 10 days of filing |
| Keep your permanent order safe | A New Jersey Final Restraining Order is permanent and does not expire (N.J.S.A. 2C:25-29), so you do not renew it. Keep a certified copy with you, give one to your workplace or school if needed, and report any violation to the police. | - | After the order is granted |
Frequently Asked Questions
No. New Jersey does not charge a victim a fee to file for a restraining order under the Prevention of Domestic Violence Act. You are also not charged for having law enforcement serve the Temporary Restraining Order and the complaint on the other person. Cost is not a barrier to seeking protection.
Your Temporary Restraining Order takes effect once the judge signs it and stays in effect until a judge issues a further order (N.J.S.A. 2C:25-28). Police serve the other person, and the court schedules a Final Restraining Order hearing within 10 days of filing, where a judge decides on long-term protection.
You can file if the person who abused you is a spouse or former spouse, a current or former household member, someone you dated, or a co-parent (N.J.S.A. 2C:25-19). The qualifying acts include assault, harassment, stalking, and terroristic threats. A person 18 or older, or an emancipated minor, may apply.
When the Superior Court is closed for evenings, weekends, or holidays, go to your local police department. The police contact an on-call municipal court judge who can enter an emergency Temporary Restraining Order that night (N.J.S.A. 2C:25-28). The case then transfers to the Family Part for the Final Restraining Order hearing.
At the hearing, held within 10 days of filing, both you and the other person can attend, present evidence, and testify (N.J.S.A. 2C:25-29). The judge decides whether to grant a Final Restraining Order and what terms to include, such as no contact, stay-away distances, and a firearms prohibition.
It does not expire on its own. A New Jersey Final Restraining Order is permanent and stays in effect until a judge dissolves or modifies it. Either party can ask the court to change or lift the order, and the judge weighs whether circumstances have changed enough to justify it (N.J.S.A. 2C:25-29).
Violating a restraining order is a crime in New Jersey. Call the police, who can arrest the person, and a violation can be charged as criminal contempt. Keep a copy of your order with you at all times and report every violation. Active orders are entered in a statewide registry for enforcement.
No. New Jersey lets you request a restraining order on your own, and court staff and county domestic violence advocates help you complete the complaint at no cost. Many people file without a lawyer, especially for the Temporary Restraining Order. Legal help can be useful if the Final Restraining Order hearing is contested.
Other New Jersey guides
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