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If the judge or referee believes you have adequately established the elements of a restraining order (more on that below), it can issue a temporary restraining order. If the order is issued without notifying the other person, its called an ex parte order.
An emergency protective order can last only five business days or seven calendar days, whichever is shorter. An emergency protective order is supposed to give you time to go to court to ask for a domestic violence restraining order, which lasts longer.
To obtain a temporary restraining order, the plaintiffs must prove four elements: (1) likelihood of success on the merits; (2) irreparable harm; (3) that less harm will result to the defendant if the TRO issues than to the plaintiffs if the TRO does not issue; and (4) that the public interest, if any, weighs in favor
If you want to get a restraining order against someone in New Jersey, you must be whats considered a protected party. In other words, you must have a qualifying relationship with the person you want the TRO against. You may only get a TRO against someone who: You are or were married to.
To obtain a TRO, a party must convince the judge that they will suffer immediate irreparable injury unless the order is issued. If the judge is convinced that a temporary restraining order is necessary, they may issue the order immediately, without informing the other parties and without holding a hearing .
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