
There are moments in life when safety becomes the only priority, and everything else fades into the background. When someone you once trusted begins to threaten your peace, the law gives you a way to protect yourself. It can feel overwhelming to take that first step, especially when emotions are already running high, but getting a restraining order is paramount. A restraining order is designed to create distance, offer legal protection, and provide a path forward for people facing domestic violence or harassment. If you believe you need one, continue reading and reach out to the domestic violence lawyers in Sussex County at Gruber, Colabella, Thompson, Hiben & Montella to learn more. Here are some of the questions you may have:
What Types of Restraining Orders Are Available in New Jersey?
New Jersey provides two forms of restraining orders, each serving a different purpose.
- A Temporary Restraining Order (TRO) is typically granted very quickly once the court believes you are in immediate danger.
- A Final Restraining Order (FRO) can only be issued after a hearing, during which both sides may present evidence, testimony, or other relevant information.
A TRO is meant to stop the immediate harm. It places restrictions on contact, communication, and proximity. Its primary purpose is to give you breathing room and allow the court time to examine the bigger picture.
An FRO, however, is much more permanent. If granted, it can remain in effect indefinitely unless a court later decides to modify or dissolve it. This level of protection is significant because it can impact custody, visitation, firearms, and other legal rights.
What Steps Should I Take to Request a Temporary Restraining Order?
Although the process may feel intimidating, seeking a TRO is relatively straightforward once you know where to begin.
- You can apply for a TRO at your local courthouse, police department, or municipal court, depending on the time of day and your immediate circumstances.
- You must describe the incident, explain the danger, and provide as much detail as possible about what happened and why you fear for your safety.
A judge will review your statement and decide whether emergency protection is necessary. The decision often happens quickly because your physical safety takes priority over everything else. If the judge grants the TRO, law enforcement will typically serve the order on the other party. It is important to remember that you should keep a copy of the TRO with you at all times because it is your proof of protection while you wait for the next phase of the case.
What Happens After the Court Issues a Temporary Restraining Order?
Once a TRO is in place, the court will schedule a hearing to determine whether a Final Restraining Order is appropriate.
- Both parties may present testimony, documentation, or witness statements.
- The judge will consider the history between the parties, the severity of the alleged conduct, and whether ongoing protection is necessary.
This hearing is extremely important because the outcome can shape your long-term safety, your family situation, and your overall peace of mind. Many people choose to work with an attorney during this stage, as the legal standards can be difficult to navigate on your own. If the judge grants a Final Restraining Order, its terms go into effect immediately.
If you have additional questions or want to speak with an attorney about your case, please don’t hesitate to contact Gruber, Colabella, Thompson, Hiben & Montella for free today.
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