Restraining Orders in New Jersey

Your Case Stays with Michael Roberts & Matthew Teeter

A restraining order hearing can affect where you live, whom you may contact, whether you may possess weapons, and how you interact with your children. At Roberts & Teeter, LLC, Michael Roberts and Matthew Teeter personally handle every domestic violence and restraining order matter rather than delegating cases to associates or paralegals.

We represent clients at temporary and final hearings in New Jersey family court. When the allegations also lead to criminal charges, we provide representation in the related municipal court or Superior Court proceedings. We evaluate each case individually and may collaborate with private investigators and psychologists when they can contribute to the defense strategy.

Call (732) 607-5553 for a free consultation about a temporary restraining order, final hearing, or related criminal allegation.

How the New Jersey Restraining Order Process Works

These proceedings are governed by New Jersey’s Prevention of Domestic Violence Act. The process may begin when someone files a complaint alleging an act of domestic violence and requests immediate protection. Because the case can move quickly, anyone served with an order should read every restriction and prepare promptly for the next court date.

Applying for a Temporary Restraining Order

A judge may decide the initial application ex parte, without the accused person present. At this stage, the court considers the applicant’s allegations and whether immediate restrictions are appropriate. Issuing a temporary order isn’t a final decision about the allegations.

Service of the Temporary Order

After the court grants temporary relief, police generally complete service of process by delivering the order to the defendant. The document identifies the restrictions in effect and provides information about the final hearing. The defendant must comply even if they dispute the allegations or weren’t present when the order was issued.

The Final Hearing

A final restraining order hearing is generally scheduled in Superior Court within 10 days after the application is filed, although court scheduling and case-specific issues can affect timing. Both parties may present testimony, documents, communications, photographs, and other admissible evidence. Each side may challenge the other’s evidence through cross-examination and legal argument.

The judge determines whether the legal requirements for a final restraining order have been established. We prepare by reviewing the complaint, examining the parties’ alleged history, identifying relevant evidence, and developing a response to the specific domestic violence allegations before the court.

Restrictions a New Jersey Order May Impose

The terms depend on the allegations, the requested relief, and the judge’s findings. Restrictions may take effect as soon as temporary relief is granted, so compliance can’t wait until the final hearing.

A temporary or final order can include:

• No-contact provisions: A prohibition on direct or indirect communication with a protected person.
• Stay-away provisions: An instruction to avoid a residence, workplace, school, or another designated location.
• Removal from a shared home: A requirement that the defendant leave the residence even when both parties previously lived there.
• Temporary custody or support orders: Interim terms addressing children or financial support while the order remains in effect.
• Weapons forfeiture: A requirement to surrender firearms and other weapons covered by the order.

Questions about the restrictions should be addressed through legal channels rather than by contacting the protected person for clarification. Indirect conduct, including messages delivered through someone else, may still violate a no-contact provision depending on the order’s language.