Rule 5:7A.Domestic Violence: Restraining Orders

Last amended September 1, 2019 · Current through September 1, 2026 · Last verified September 8, 2026

In one sentenceRule 5:7A governs restraining orders under the Prevention of Domestic Violence Act — when a temporary order issues, where the case is venued, how an order can be obtained by phone in an emergency, and the ten-day deadline for the final hearing.

Full Text of Rule 5:7A

Text sizeJump to: (a) (b) (c) (d) (e) (f)

(a) Temporary Restraining Order. In court proceedings instituted under the Prevention of Domestic Violence Act of 1990, the judge shall issue a temporary restraining order when the applicant appears to be in danger of domestic violence. The order may be issued ex parte when necessary to protect the life, health, or well-being of a victim on whose behalf the relief is sought.

(b) Venue in Domestic Violence Proceedings. Venue in domestic violence actions shall be laid in the county where either of the parties resides, in the county where the domestic violence offense took place, or in the county where the victim of domestic violence is sheltered. The final hearing is to be held in the county where the ex parte restraints were ordered, unless good cause is shown for the hearing to be held elsewhere.

(c) Application for Temporary Restraining Order. Except as provided in paragraph (d) of this rule, an applicant for a temporary restraining order shall appear before a judge or a domestic violence hearing officer to personally testify on the record or by sworn complaint submitted pursuant to N.J.S.A. 2C:25-28. If it appears that the applicant is in danger of domestic violence, the judge shall, upon consideration of the applicant's domestic violence affidavit, complaint or testimony, order emergency relief, including ex parte relief, in the nature of a temporary restraining order as authorized by N.J.S.A. 2C:25-17 et seq. In order to be eligible for a temporary restraining order, the applicant must qualify as a “victim of domestic violence” as defined by N.J.S.A. 2C:25-19d.

(d) Issuance of Temporary Restraining Order by Electronic Communication. A judge may issue a temporary restraining order upon sworn oral testimony of an applicant who is not physically present. Such sworn oral testimony may be communicated to the judge by telephone, radio or other means of electronic communication. The judge or law enforcement officer assisting the applicant shall contemporaneously record such sworn oral testimony by means of a tape-recording device or stenographic machine if such are available; otherwise, adequate long hand notes summarizing what is said shall be made by the judge. Subsequent to taking the oath, the applicant must identify himself or herself, specify the purpose of the request and disclose the basis of the application. This sworn testimony shall be deemed to be an affidavit for the purposes of issuance of a temporary restraining order. A temporary restraining order may issue if the judge is satisfied that exigent circumstances exist sufficient to excuse the failure of the applicant to appear personally and that sufficient grounds for granting the application have been shown. Upon issuance of the temporary restraining order, the judge shall memorialize the specific terms of the order and shall direct the law enforcement officer assisting the applicant to enter the judge's authorization verbatim on a form, or other appropriate paper, designated the duplicate original temporary restraining order. This order shall be deemed a temporary restraining order for the purpose of N.J.S.A. 2C:25-28. The judge shall direct the law enforcement officer assisting the applicant to print the judge's name on the temporary restraining order. The judge shall also contemporaneously record factual determinations. Contemporaneously the judge shall issue a written confirmatory order and shall enter thereon the exact time of issuance of the duplicate order. In vicinages where an approved form of electronic temporary restraining order is utilized and prepared electronically by the municipal court judge on a notebook computer or other device, the temporary restraining order may be transmitted electronically without need for a duplicate written order. In all other respects, the method of issuance and contents of the order shall be that required by paragraph (a) of this rule.

(e) Final Restraining Order. A hearing for a final restraining order shall be held in the Superior Court within 10 days of the filing of an application. A final order restraining a defendant shall be issued only on a specific finding of domestic violence or on a stipulation by a defendant to the commission of an act or acts of domestic violence as defined by the statute.

(f) Procedure After Arrest. Whenever a law enforcement officer has effected an arrest for a criminal complaint brought for a violation otherwise defined as an offense under the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 et seq., a complaint shall be issued pursuant to the procedures described in R. 3:4-1.

End

Amendment History

New Jersey publishes each rule’s amendment record in a “Note” beneath the rule. It is reproduced verbatim below; a “Source” line names the former rule the current one grew out of, and “R. (1969)” citations refer to the earlier numbering it replaced.

Note: Adopted November 1, 1985 to be effective January 2, 1986; paragraph (a) amended, paragraph (b) caption and text amended and new paragraphs (c) and (d) adopted November 2, 1987 to be effective January 1, 1988; caption amended, former paragraph (c) redesignated paragraph (e), former paragraph (d) redesignated paragraph (f) and new paragraphs (c) and (d) adopted November 18, 1993 to be effective immediately; paragraphs (a), (b), and (e) amended July 12, 2002 to be effective September 3, 2002; paragraph (f) amended July 7, 2005 to be effective immediately; paragraph (b) amended July 21, 2011 to be effective September 1, 2011; paragraph (a) amended July 28, 2017 to be effective September 1, 2017; paragraph (a) amended and redesignated as paragraph (c), paragraph (b) redesignated as paragraph (d), paragraph (c) redesignated as paragraph (a), paragraph (d) amended and redesignated as paragraph (e), paragraph (e) caption and text amended and redesignated as paragraph (f), paragraph (f) redesignated as paragraph (b) July 29, 2019 to be effective September 1, 2019.

Plain-English Summary

The threshold is danger, not proof of a completed offense. The judge issues a temporary restraining order when the applicant appears to be in danger of domestic violence, and may issue it ex parte where that is necessary to protect the life, health or well-being of the victim.

Venue is deliberately generous, because a victim may have fled. It lies in the county where either party resides, where the offense took place, or where the victim is sheltered. The final hearing returns to the county where the ex parte restraints were ordered unless good cause is shown for elsewhere.

Paragraph (d) is the emergency machinery, and it is unusually detailed because it has to substitute for a courtroom. A judge may issue a temporary order on sworn oral testimony from an applicant who is not physically present, given by telephone, radio or other electronic communication. The testimony is recorded, or summarised in adequate longhand notes, and is deemed an affidavit. The judge memorialises the terms, has the assisting officer write the authorisation verbatim on a duplicate original, records the exact time of issuance on a written confirmatory order, and directs that the judge's name be printed on the order. Where a vicinage uses an approved electronic form, it can be transmitted electronically without a duplicate written order.

A final restraining order requires a hearing in the Superior Court within 10 days of the application, and issues only on a specific finding of domestic violence or the defendant's stipulation to acts of domestic violence.

Frequently Asked Questions

How quickly is a final restraining order hearing held in New Jersey?

Within 10 days of the filing of an application, in the Superior Court.

Can I get a restraining order without going to the courthouse?

Yes, in the circumstances paragraph (d) describes. A judge may issue a temporary restraining order on sworn oral testimony given by telephone, radio or other electronic communication where exigent circumstances excuse a personal appearance.

Where do I file for a restraining order?

In the county where either party resides, where the domestic violence offense took place, or where you are sheltered.

What must the court find before entering a final restraining order?

A specific finding of domestic violence, or a stipulation by the defendant to the commission of an act or acts of domestic violence as defined by the statute.

Source & verification. The rule text and amendment history are reproduced verbatim from the official New Jersey Rules of Court, Part V (N.J. Ct. R. 5:7A). Prescribed by the Supreme Court of New Jersey. The plain-English summary is original and written by us. Last verified September 8, 2026. · Official source

Also known as: restraining orderTROdomestic violenceFROfinal restraining orderprotection from abuse