Rule 5:7A. Domestic Violence: Restraining Orders

Rule 5:7A. Domestic Violence: Restraining Orders

(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 longhand
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 procedure described in R. 3:4-1.

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.