How to Get a Restraining Order in New Jersey
New Jersey restraining order process (TRO → FRO) explained for survivors.
Understanding Temporary and Final Restraining Orders
Temporary Restraining Order (TRO) Basics
A Temporary Restraining Order (often called a TRO or emergency protection order) is a short-term court order that can set rules about contact, distance, and safety where there are concerns about harm, threats, or ongoing abuse.
In Canada, the exact name and process can vary by province or territory. Courts may issue a temporary order on short notice, sometimes without the other person present, if the situation appears urgent.
A TRO is usually meant to provide protection until a fuller court hearing can be held, where both sides have a chance to be heard and longer-term arrangements can be considered.
Names you might hear for similar orders include: protection order, emergency protection order, peace bond, or restraining order. The details and eligibility depend on local laws and the type of relationship involved.
Who May Qualify
Eligibility is different across Canada, but people who may qualify for some form of protective order can include:
- People experiencing physical, emotional, sexual, or financial harm, or credible threats of harm
- Current or former intimate partners, spouses, or common-law partners
- Family members (for example, parents, children, or other relatives) in some jurisdictions
- Sometimes others, such as roommates, caregivers, or acquaintances, depending on local legislation and the type of order
Courts generally look at recent and past behaviour, patterns of control, threats, and any evidence that someone’s safety may be at risk.
Having police reports, medical notes, messages, or witness information can be helpful, but a person may still request a protection order even without these documents. Requirements differ by province and territory.
Service and the Final Restraining Order (FRO) Hearing
After a temporary order is granted, the other person (the respondent) usually needs to be “served,” meaning they are officially given copies of the court documents so they know about the order and the next court date.
Service is often done by a third party, such as a process server, sheriff, or occasionally police, depending on the local process. The person seeking protection typically does not have to serve the documents personally.
A hearing is then set so a judge can decide whether to continue, change, or end the protections. This is sometimes called a Final Restraining Order (FRO) hearing or a protection order review, depending on the region.
- Both sides usually have the opportunity to attend and speak to the judge.
- The judge may look at documents, hear from witnesses, and ask questions.
- After the hearing, the court may issue a longer-term order, keep a temporary order in place for a set period, or decide not to continue it.
If attending court feels unsafe, it may be possible to request safety supports at the courthouse, such as separate waiting areas or appearing by video. Availability varies by location.
Protections a Restraining Order May Include
Restraining or protection orders can include different conditions, depending on what the judge believes is necessary and what local law allows. Common protections include:
- No contact: phone calls, messages, emails, and contact through third parties may be restricted
- Stay-away conditions: the person may be ordered to stay a certain distance from a home, workplace, school, or other locations
- Firearms and weapons: the order may require surrender of firearms and prohibit possessing weapons
- Children-related conditions: pick-ups, drop-offs, and communication about children may be structured for safety
- Property and residence rules: temporary directions about who stays in a shared home and how belongings are collected
- Other specific conditions: for example, not posting about the protected person on social media or not approaching certain family members
In many places, breaching (breaking) a restraining or protection order can be a criminal offence, and police may be able to respond.
The exact protections that can be included depend on provincial or territorial law and the type of order. It can help to clearly explain safety concerns so the court understands what conditions might be needed.
General Duration of TROs and Final Orders
Temporary orders are usually short-term. They often last only until the next court date or for a limited number of days or weeks, depending on local rules.
Final or longer-term orders can last:
- For a specific period (for example, six months, one year, or several years), or
- Until a further court order changes or ends them.
Sometimes, orders can be renewed or extended if ongoing safety concerns remain. The process to renew or change an order varies by province or territory.
Any person with an existing order who is unsure about its duration or conditions can usually find this information on the written order itself. If the language is unclear, a legal clinic or duty counsel at the courthouse may be able to explain what the document says, without giving full legal representation.
Additional support options and information on safety planning across Canada can be found through resources listed at DV.Support.