In New Jersey, a temporary restraining order (TRO) is a type of emergency, ex parte relief designed to protect victims of domestic violence from immediate harm. (Ex parte relief is a very rare instance in which only one party to an action is required to appear before the court, typically based on the urgency of the circumstances.) Below is a summary of the key aspects of TROs in New Jersey:
Issuance of TROs
A TRO may be issued when a victim of domestic violence files a complaint and demonstrates that he or she is in danger of domestic violence. Pursuant to N.J. Stat. § 2C:25-28, N.J. Stat. § 2C:25-29, the court is required to find that the TRO is necessary to protect the life, health, or well-being of the victim.
TROs can be issued ex parte, without the presence of the defendant, to ensure the victim's safety.
TRO Jurisdiction and Venue
Under N.J. Court Rules, R. 5:7A, TRO applications can be filed in the county 1) where the alleged domestic violence occurred, 2) where the defendant resides, or 3) where the victim resides/is being sheltered.
Forms of Relief
TROs may include various forms of relief, including prohibiting the defendant from returning to the scene of the domestic violence and forbidding victim contact.
Moreover, TROs automatically bar the defendant from purchasing, owning, or possessing firearms and require the immediate surrender of any firearms or weapons. Violations of these provisions may result in criminal penalties. N.J. Stat. § 2C:25-28, N.J. Stat. § 2C:25-29.
Exigent Circumstances
If exigent circumstances exist, a TRO may be issued based on sworn oral testimony provided to the judge via telephone or other electronic means. Accordingly, this testimony is treated as an affidavit for the purposes of issuing the TRO. N.J. Stat. § 2C:25-29, N.J. Court Rules, R. 5:7A,
Duration and Enforcement
A TRO remains in effect until a judge of the Superior Court of New Jersey, Chancery Division, Family Part issues a further order, typically after a full hearing. TROs are enforceable throughout New Jersey by all law enforcement officers. Notice of TROs must be sent to appropriate law enforcement agencies to ensure that they are given full effect.
Transition to Final Restraining Orders (FROs)
TROs are temporary measures in advance of a final hearing to determine whether a Final Restraining Order (FRO) should be issued. Unlike with a TRO, the FRO hearing is conducted with both parties present. The court must find that an act of domestic violence occurred to issue an FRO. N.J. Stat. § 2C:25-28,
