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Legal Information: New Jersey

Restraining Orders

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Laws current as of October 23, 2024

What types of protective orders for sexual offenses, stalking, or cyber-harassment are there? How long do they last?

In New Jersey, there are two types of protective order for sexual offenses, stalking, or cyber-harassment: temporary and final.

Temporary ex parte protective order (TPO)
When you file a petition for a protective order for sexual offenses, stalking, or cyber-harassment, you can ask for a temporary ex parte protective order to be issued immediately. A judge can grant you a TPO if the judge decides it is necessary to protect your safety and well-being.1 The judge can issue this order without the abuser having prior notice or being present at the hearing. The hearing for the final order will be scheduled within ten days of filing your petition.2 Your TPO will remain in effect until the hearing, at which time the judge will decide whether or not to grant you a final order.3

Final protective order (FPO)
After a hearing in which you and the abuser both have an opportunity to tell your side of the story through testimony, evidence, and witnesses, a judge can grant you a final protective order. The judge can only grant an FPO if:

  • the judge believes that the abuser committed or attempted to commit an act of nonconsensual sexual contact, sexual penetration, lewdness, stalking, or cyber-harassment against you; or
  • the abuser admits to the behavior.4 

The FPO remains in effect until the judge says otherwise. In other words, there is no set end date to a protective order for sexual offenses, stalking, or cyber-harassment. The only way it will end is if either party files a petition to dissolve it and, after a hearing, the judge agrees. 5

1 N.J. Stat. § 2C:14-15(a)
2 N.J. Stat. § 2C:14-16(a)
3 N.J. Stat. § 2C:14-15(d)
4 N.J. Stat. § 2C:14-16(e)
5 N.J. Stat. § 2C:14-16(i)