How can a victim file a temporary restraining order?

By Bari Zell Weinberger
June 16, 2017
How can a victim file a temporary restraining order?

The primary way the law offers protection to victims of domestic violence is through a temporary restraining order (TRO). The objective of a TRO is to eliminate contact between the victim and the abuser. Depending on the party’s situation, the restraining order can include provisions similar to an order requiring the person who committed the domestic violence to stay away from a person’s home, workplace, school, or other location. It can include an order to maintain a certain distance from the person who is being protected, or an order not to call or otherwise contact the protected individual, whether by email, text, or mail, whether it be at home, work, or any other type of location.

Victims can actually file for a TRO at their local family and municipal court, or even after hours through their local police station. Filing for a TRO requires the victim to provide details about why the restraining order is needed for their safety. We have forms that would be needed to be filled out as well, with the steps necessary on our website.

Visit to observe to view these documents. When a judge grants a temporary restraining order, a police officer has the authority to remove the abuser from a home in order to protect the victim from further abuse.

Approximately 10 days after the TRO is issued, the victim will then participate with the abuser in a hearing where a judge hears testimony to decide whether the temporary restraining order should be converted into a final restraining order. It’s advisable to work with an attorney through this process to present the strongest case possible.

Bari Zell Weinberger is the owner and managing partner of Weinberger Law Group in New Jersey. She is Certified by the Supreme Court of New Jersey as a Matrimonial Law Attorney.

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June 16, 2017
Categories:  FAQs

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