A restraining order is a powerful legal tool designed to protect individuals who are victims of domestic violence, harassment, stalking, or threats. In Toms River, New Jersey, victims can seek safety through the court by filing for a Temporary Restraining Order (TRO) followed by a Final Restraining Order (FRO). Understanding the process is essential for ensuring your safety and exercising your legal rights.
This article provides a step-by-step guide on how to file a restraining order in Toms River, New Jersey. Whether you’re facing immediate danger or seeking long-term protection, this blog will help you navigate the process confidently.
In New Jersey, a restraining order is a civil order issued by the court that restricts an abuser from contacting or approaching the victim. Restraining orders can also include other protections such as temporary custody of children, exclusive residence rights, and financial support orders.
There are two main types:
Temporary Restraining Order (TRO): Issued immediately when a judge believes the victim is in imminent danger.
Final Restraining Order (FRO): Issued after a court hearing, providing permanent protections.
To file for a restraining order under the New Jersey Prevention of Domestic Violence Act, the victim must:
Be 18 or older (or an emancipated minor)
Have been in a domestic relationship with the abuser (spouse, former spouse, partner, household member, or someone they are/were dating)
Be a victim of an act defined under domestic violence law (e.g., assault, harassment, terroristic threats, sexual assault, stalking)
Before anything else, if you or your children are in immediate danger, call 911. Law enforcement can respond, ensure safety, and assist with emergency paperwork.
Police officers can also help initiate a TRO after hours when the courthouse is closed by connecting you to a municipal judge.
During business hours, victims can file for a TRO at the Ocean County Superior Court Family Division:
Location:
Ocean County Superior Court
118 Washington Street
Toms River, NJ 08753
Alternatively, you may go to the nearest police department, which will forward your request to a judge.
At the courthouse, you will be asked to complete a Complaint for a Restraining Order and a Certification/Affidavit. These forms ask for:
Details of the relationship with the abuser
Description of the most recent and past incidents
Information about any weapons used or threats made
Whether you seek child custody, financial support, or exclusive residence
Be as thorough and specific as possible—every detail can influence the judge’s decision.
Once the paperwork is completed, you’ll have a hearing the same day—either in-person or virtually—before a judge.
The judge will:
Review your written affidavit
Ask questions to clarify details
Determine whether there’s immediate danger that requires a TRO
If granted, the judge will issue a Temporary Restraining Order immediately.
After the TRO is issued, it must be officially served to the abuser (called the “defendant”)—usually by the local sheriff or police.
Until the order is served, it cannot be enforced. You do not need to contact the defendant—law enforcement handles this part.
The court will schedule a hearing within 10 days to decide whether a Final Restraining Order (FRO) should be issued.
This hearing is a formal trial, and both parties have the right to present:
Witnesses
Evidence (text messages, photos, audio, videos)
Police reports or medical records
It’s strongly recommended that you hire an experienced attorney like those at Omojola Law to represent you during this critical stage.
What to Expect:
Both parties testify under oath
You may cross-examine each other
You can submit evidence to support your claim
The judge will determine:
Whether the alleged abuse occurred
Whether a restraining order is necessary for continued protection
If the court finds in your favor, you will be granted a Final Restraining Order that never expires in New Jersey unless revoked by the court.
The judge can include several forms of protection in the FRO, such as:
No contact with the victim or their family
Prohibition from coming near your home, workplace, or school
Temporary custody of minor children
Orders for child support or spousal support
Seizure of firearms and weapons
Violating the FRO is a criminal offense and can result in immediate arrest.
Yes. The defendant has the right to challenge the issuance of the FRO during the hearing. That’s why it’s essential to collect all evidence, document everything, and retain a skilled attorney to present your case effectively.
Modifying an FRO: You may request the court to change provisions such as visitation rights or support.
Dismissing an FRO: Only the court can vacate an FRO, even if you voluntarily wish to end it. You must file a formal motion and appear before a judge.
If the abuser violates any terms of the TRO or FRO:
Call 911 immediately
Report the violation to your local police or the court
Violations can result in arrest, contempt charges, and jail time
New Jersey takes violations seriously, and repeat violations can lead to felony charges.
Navigating restraining orders involves legal nuances and emotional stress. Having an experienced domestic violence attorney by your side ensures:
Proper paperwork is filed
Evidence is strategically presented
Your rights are fully protected in court
At Omojola Law, we advocate for your safety and peace of mind. We’ve helped countless victims secure the protection they need.
A TRO lasts until the FRO hearing, typically held within 10 days. An FRO lasts indefinitely unless a judge later modifies or vacates it.
No. There is no filing fee for domestic violence restraining orders in New Jersey.
Yes. The judge may grant temporary custody and limit the abuser’s visitation during the hearing process.
Yes. The Prevention of Domestic Violence Act applies regardless of gender or sexual orientation.
A New Jersey restraining order can still be served and enforced across state lines under federal law.
Ocean County Family Crisis Intervention Unit – (732) 929-4777
Providence House Domestic Violence Services – (732) 350-2120
New Jersey Coalition to End Domestic Violence – www.njcedv.org
If you’re considering filing a restraining order in Toms River, you don’t have to go through it alone. Let our compassionate and experienced team stand by your side from TRO to FRO.
Contact Information:
📍 1400 Hooper Ave, 2nd Floor, Toms River, New Jersey 08753
📧 ADE@OMOJOLA.LAW
📞 732.704.5021
🌐 omojola.law
Filing a restraining order is a critical step toward regaining control and safety. While the legal process may seem overwhelming, understanding your rights and the procedures involved can empower you.
Whether you need emergency protection or long-term security, trust a law firm like Omojola Law in Toms River to guide you through every legal stage with care, confidentiality, and strength
