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Temporary Restraining Orders

Temporary Restraining Orders (TRO)

PASSAIC, BERGEN, HUDSON, MORRIS AND ESSEX COUNTY DOMESTIC VIOLENCE ATTORNEY

AVAILABLE 24/7 FOR YOUR FREE CONSULTATION

 Obtaining a Temporary NJ Restraining Order

What You Need To Know

APPLICATION FOR A TEMPORARY RESTRAINING ORDER (TRO) 

A victim may file a domestic violence complaint:

  1. Where the alleged act of domestic violence occurred;

  2. Where the defendant resides;

  3. Where the victim resides; or,

  4. Where the victim is sheltered or temporarily staying. 

During the week:  A victim can make an application for domestic violence matters Monday through Friday, 8:30 AM to 3:30 PM, at the Family Division Domestic Violence Unit in the Superior Court.  

On weekends, holidays and weekdays after 3:30 PM and other times when the Superior Court is closed,

  1. A victim may sign the domestic violence complaint with a law enforcement agency;

  2. The victim's complaint shall be processed promptly. Under no circumstances should the victim be advised to appear in the Superior Court, Family Division the next business day in order to apply for a TRO.

  3. If a TRO is denied by a Municipal Court judge, the denial and the Complaint/TRO must still be faxed or forwarded to the Family Division within 24 hours for an administrative dismissal. A victim whose Complaint/TRO has been dismissed in this manner is not barred from refiling in the Family Division based on the same incident and receiving an emergency ex parte hearing de novo. Every denial of relief by a Municipal Court judge must so state, with specificity in the “Comments” portion of the TRO and the victim must be advised of the right to refile with the Superior Court, Family Division.

WHERE TO FILE A CRIMINAL COMPLAINT WITH AN ACCOMPANYING TRO APPLICATION AND COMPLAINT 

  1. When a victim is seeking a TRO, a companion criminal complaint may also be signed against the defendant in one of the following locations:

  2. Where the alleged act of domestic violence occurred, or

  3. Where the defendant resides, or Where the victim resides, or

  4. Where the victim is sheltered or temporarily staying.

WHERE TO FILE A CRIMINAL COMPLAINT WHEN THERE IS NO ACCOMPANYING COMPLAINT/TRO

The victim may file a criminal complaint with the Municipal Court or police department where the alleged act occurred.

 Need help resolving your legal case?

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 Call (201) 254-5525

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