New Jersey Protective Orders Laws

Anyone can be a victim of abusive conduct. It comes in many varieties and can cause particular harm in close, personal relationships between intimate partners or other family members.

New Jersey, like all states, provides laws to protect victims from abuse. Protection or restraining orders can be a key tool to help victims escape abusive behavior and to hold offenders accountable. New Jersey court protection orders are available for victims suffering from domestic abuse, sexual assault, stalking, or fear that someone with access to firearms is a danger.

Figuring out which order you need is tricky. This guide will offer a detailed look at the court orders available in New Jersey. You’ll learn who they’re designed for, which is the right one for you, and how to get it. For a deeper examination of domestic violence and all it entails, take a look at FindLaw’s New Jersey Domestic Violence Laws article.

Types of Protective Orders Available in New Jersey

Which order of protection you’ll need in New Jersey depends on the type of abuse and your relationship to the abuser. New Jersey protective court orders have similar procedures, but there are some important differences.

The three types of orders available under New Jersey law are:

• Domestic violence restraining orders
• Protective orders for survivors of sexual assault, stalking, and/or cyber-harassment
• Extreme risk protection orders

Each court order can be tailored to the specific circumstances relevant to the threat of future harm. The best way to understand their purpose is to examine them one at a time.

New Jersey Domestic Violence Restraining Orders (TRO/FRO)

Domestic violence occurs when a person in a qualifying domestic relationship commits specific abusive crimes. Basically, the victim and the offender must be:

• Spouses or former spouses
• Persons who are present or past members of same household
• Persons who are or have been in a dating relationship
• Persons who have a child in common or anticipate having a child in common because one of them is pregnant

New Jersey’s Prevention of Domestic Violence Act of 1991 (PDVA) does not establish one stand-alone crime for domestic violence. Instead, it sets forth a number of criminal acts that are eligible for domestic violence classification. These criminal offenses include:

• Assault
• Sexual assault
• Criminal coercion
• Homicide
• Criminal sexual contact
• Stalking
• Criminal mischief
• Kidnapping
• Criminal restraint
• Cyber-harassment
• False imprisonment
• Harassment
• Lewdness
• Burglary
• Robbery
• Terrorist threats
• Criminal trespass
• Violation of a domestic violence restraining order (contempt)
• Any other crime involving risk of serious bodily injury or death

Crimes that don’t qualify as domestic violence are still crimes, but don’t offer access to New Jersey domestic violence restraining orders. As domestic violence crimes focus on power and control, restraining orders direct the abuser to keep away from the victim.

New Jersey domestic violence restraining orders may contain a number of conditions focused on the needs of each case. Most tell the defendant (offender) what they can and can’t do with regard to the plaintiff (victim). A temporary ex parte restraining order (TRO) lasts for ten days or until the hearing for the final restraining order (FRO), which has no expiration date.

Conditions in a TRO may be amended, added to, or deleted for a FRO. While each restraining order is different, common inclusions in New Jersey domestic violence restraining orders include:

• Defendant (offender) cannot commit domestic violence against the plaintiff (victim)
• Defendant cannot harass, harm, or stalk anyone named in the restraining order (RO)
• Defendant must obey a no-contact order
• Mandatory domestic violence counseling for the defendant
• Mandatory psychiatric evaluation for the defendant
• Defendant must pay for damages resulting from the abuse (the plaintiff can also file a civil suit to recover damages)
• Defendant must surrender all firearms and ammunition
• Sole possession of a shared dwelling granted to the plaintiff
• Defendant banned from a shared dwelling unless to retrieve personal items at a scheduled time while accompanied by law enforcement
• Defendant must pay spousal support for rent or a mortgage
• Defendant must stay away from all locations named in the RO
• Determinations of temporary child custody and visitation restrictions
• Temporary possession of personal property awarded to either person
• Defendant must pay temporary child support
• Police can search for firearms
• Possession of any shared animals awarded to the plaintiff

TROs and FROs can contain some, all, or none of these provisions. All New Jersey restraining orders are good anywhere in the US under federal law.

New Jersey Protection Orders In Cases of Sexual Assault, Stalking, and Cyber-Harassment

Much like a TRO/FRO, New Jersey law provides for the issuance of a protection order in sexual assault, stalking, and cyber-harassment cases. These protection orders are intended to separate abusers from their victims and keep them away. Unlike domestic violence orders, there is no requirement that the offender and the victim have a personal relationship.

Victims of sexual assault gained coverage in the Sexual Assault Survivor Protection Act (SASPA) of 2015. SASPA was updated in 2024 to add stalking and cyber-harassment as covered offenses. The revised act is called the Victim’s Assistance and Survivor Protection Act (VASPA) The crimes that qualify have a narrower focus as well:

• Nonconsensual sexual contact (unwanted touching of private areas)
• Sexual penetration (unwanted intercourse or insertion)
• Stalking (multiple incidents of threats, harassment, following, close proximity, watching, repeated phone calls, or other behavior to cause fear or mental distress)
• Lewdness (unwanted exposure of genitals)
• Cyber-harassment (threats of injury, threats of physical harm, threats of crimes against you or your property, sharing of private images, harassment, or other abuse through social media, text messages, or electronic devices)

New Jersey sexual assault, stalking, and anti-harassment protection orders are also known as VASPA orders. They are available as emergency ex parte protection orders, temporary ex parte protection orders, and final protection orders. Such protection orders can contain any of the following terms:

• Respondent (offender) cannot commit or attempt to commit any future act of nonconsensual sexual contact, sexual penetration, lewdness, stalking, or cyber-harassment against the victim
• Respondent cannot have any contact with the victim or others named in the order, including starting any communication that is likely to cause annoyance or alarm to the victim or others or using an intermediary or agent to do the same
• Respondent cannot enter any residence, property, school, or workplace of the victim
• Respondent must stay away from any location identified in the order
• Respondent cannot harass or attempt to harass the victim
• Respondent cannot threaten to harm, follow, or stalk the victim

The court can add other provisions if necessary. Like a TRO/FRO, a temporary ex parte protection order lasts either 10 days or until the case hearing. Final orders have no end date. Under the Violence Against Women Act (VAWA), New Jersey orders are good anywhere in the United States.

New Jersey Extreme Risk Protective Orders (ERPO)

An extreme risk protective order (ERPO) has a singular focus. ERPOs are designed to get firearms away from someone considered a threat to themselves and others. Family members and household members can file a petition in the criminal division of Superior Court. You can also request an ERPO at a police station or from most branches of law enforcement.

The court will examine several factors for the ERPO, including a prior history of domestic violence and any arrests. If approved by a judge, a temporary ex parte ERPO is served on the defendant. They must surrender all firearms and ammunition. A temporary ERPO lasts 10 days or until the case hearing. A final ERPO stays in effect until the defendant makes a successful petition to terminate it.

Note: In 2021, New Jersey also added a category of protection orders for judicial officers in situations where a criminal defendant commits a crime against them and the nexus of the crime relates to the performance of the judicial officer’s official duties.

New Jersey Protective Orders: Getting an Order

Domestic violence restraining orders and other protective orders follow a similar process in New Jersey. In domestic violence cases, if you need immediate protection and the Family courts are closed, you can apply through law enforcement or an open municipal court. The New Jersey State Police also offer a list of county specific domestic violence programs that can assist you.

An on-call court judge can issue a temporary order when the courts are closed. Otherwise, you’ll file in the Family Part of the Chancery Division of Superior Court. You can also file online through JEDS (Judiciary Electronic Document Submission), but your paperwork won’t be processed until regular court hours.

You (plaintiff) will fill out different forms depending on whether you’re applying for a temporary protective order for sexual assault, stalking, or cyber-harassment, or for a temporary domestic violence restraint order (TRO). Be as detailed as possible with descriptions of the abuse you suffered. A judge may ask you further questions during the court hearing.

If the court agrees with you, the temporary restraining order is issued. It’s considered an ex parte order if the court doesn’t speak with your abuser (defendant) before issuance. The order is served to the defendant by law enforcement. You should never try to serve the order to the defendant yourself.

The temporary restraining order lasts 10 days or until the final order hearing. If the defendant doesn’t oppose the order or doesn’t show up for the court date, the judge will likely make the order final. If the defendant does contest the order, you’ll both present your cases at the final restraining order hearing. You can introduce evidence and call witnesses.

If the court finds by a preponderance of the evidence that the defendant engaged in prohibited conduct and the threat of further violence exists, your order becomes final. Final orders have no end date, but the defendant can petition to have the order terminated at any point. The onus is on them to prove they’re no longer a threat. Either the same judge who issued the order or a judge made familiar with the case must be the one who considers dismissal.

Extreme risk protective orders (ERPO) are filed through law enforcement or in the Criminal Division of Superior Court. Whether you file the forms yourself or through law enforcement, you’ll be asked questions based on several risk factors. It’s helpful if you know where the defendant stores their weapons.

After meeting with the judge, a temporary ERPO is issued if the court agrees about the danger. The defendant is served by law enforcement and must surrender all firearms and ammunition. If they oppose the order, the court will consider the evidence presented by each side at the final hearing. The final order, if issued, calls for a permanent ban on firearms possession by the defendant. The defendant can petition for dismissal at any point in the future.

New Jersey Protective Orders: Violations and Penalties

Protection orders can help a victim escape an abusive situation. However, they are still a piece of paper. They are just a part of a complete safety plan. Restraining orders work if the defendant follows them. If not, a victim should be willing to report all violations by the defendant to law enforcement.

Violations can be either a civil or criminal contempt offense. The police will arrest the defendant for any violations, but the victim may need to file complaints as well.

Violation of any order of protection in New Jersey is contempt. Depending on the circumstances, contempt for violation of a protection order may be a crime of the third degree or fourth degree, or a disorderly persons offense. Any violation can lead to jail time for the offender.

A crime of the third degree is punishable by three to five years in prison and/or a fine of up to $15,000. A crime of the fourth degree is punishable by up to 18 months in prison and/or a fine of up to $10,000. A disorderly persons offense is punishable by up to six months in jail and/or a fine of up to $1,000. A contempt sentence can be in addition to any sentences for convictions for crimes committed during the violation.

New Jersey Protective Orders: A Summary

A protective order can make a huge difference in the life of a victim and their loved ones. The table below recaps what you’ve learned about protective orders in New Jersey and includes links to important codes.

New Jersey Protective Orders Laws: Additional Resources

• Directory of New Jersey Family Courts
• National Domestic Violence Hotline 1-800-799-SAFE (7233)
• Help in New Jersey for Sexual and Domestic Violence – Womanspace
• Resources for Survivors of Sexual Violence
• Orders of Protection and Restraining Orders – An Overview

Need Help With Protective Orders in New Jersey? Speak to an Attorney

If you’re in immediate danger, call local police at 911. Whether you’re suffering abuse in a domestic relationship or have someone ignoring a sexual assault restraining order, a New Jersey domestic violence attorney can help. Their expertise in family law can assure your well-being and the chance for a better, abuse-free life.

If you’re facing criminal charges or have lost parenting time for violating a protection order, it’s a good idea to consult a New Jersey criminal defense attorney. They’ll examine your case with the alleged victim and use their experience to get the best outcome possible for you.