Being served with a temporary restraining order (TRO) is a sudden and stressful event that can disrupt your life in an instant. In New Jersey, a judge can issue this order without you being present in court.
The primary goal of the New Jersey Prevention of Domestic Violence Act (NJPDVA) is to ensure the immediate safety of the person seeking protection. When a judge finds that removing one party is necessary to prevent further harm, they can grant the plaintiff temporary possession of the shared residence. When law enforcement officers serve the order, they will typically wait for you to gather essential personal items before escorting you from the property.
Follow the rules to protect your rights
Even if the claims against you are untrue, you must follow every part of the order. In New Jersey, breaking any rule in a restraining order—even a small one—is called “contempt.” These cases are handled in the Family Part of the Superior Court.
While these offenses are not considered “felonies” in the traditional sense, they are still very serious:
- Criminal Record: A conviction goes on your permanent record with the New Jersey State Police.
- Employment Risks: This record will show up on background checks and can make it very difficult to get or keep a job.
- Jail Time: If you are convicted of breaking a restraining order a second time, New Jersey law requires a mandatory jail sentence of at least 30 days.
- Do not return to the house: Even if you forgot your wallet or tools, you cannot go back without a police escort.
- Stop all contact: Do not call, text, or message them on social media.
- Do not use “messengers”: Do not ask a friend or family member to talk to the other person for you.
- Stay away from their work or school: Most orders include these locations specifically.
Following these rules keeps a difficult situation from turning into a criminal one while you wait for your court date.
Preparing for your scheduled hearing
New Jersey law requires that a hearing for a final restraining order (FRO) be held within 10 days of the filing of the complaint. While these hearings are often postponed to allow both sides to find a lawyer, you should prepare as if it is happening immediately.
This hearing is your chance to present evidence and testimony to a judge. Start gathering any documentation that supports your side of the story now. Relevant evidence often includes text messages, emails or location data from your phone. You can also identify witnesses who were present during any of the events mentioned in the complaint.
Moving forward after the initial order
The days following the service of a TRO are critical for your living situation and your legal standing. While the immediate loss of access to your home is difficult, your focus should remain on the upcoming legal proceedings in the Family Part of the Superior Court.
You may want to consult with a legal professional who understands New Jersey domestic violence laws to discuss the specific details of your case. Taking the right steps now can help you work toward a resolution that protects your future and your legal rights.