Law Office of
Robert Ricci, Jr.

Get Started With A FREE Consultation: 732-587-7051

A Common Sense Approach To

How to get a New Jersey TRO for domestic violence due to coercive control

On Behalf of | Mar 11, 2024 | Domestic Violence |

Domestic violence victims include couples, exes, those who have or are expecting a child, family members and roommates. Assault, homicide and harassment are among the criminal offenses under domestic violence.

In 2024, New Jersey included coercive control in its definition of domestic violence. This allows adults and emancipated minors to file for a temporary restraining order (TRO) due to threats or manipulations.

What is coercive control?

Someone commits coercive control when their pattern of behavior encroaches on a victim’s personal liberty and free will. Among the acts under coercive control are:

  • Forcing them to engage in child abuse or other criminal activities
  • Threatening to kill or harm the victim or their family or report them to authorities
  • Depriving them of basic needs
  • Monitoring and controlling their movements, finances, communications and access to services
  • Isolating them from relatives and friends

Name-calling, intimidation and frequent degradation also count as coercive control. Another considered act is damaging household items or property.

How can a TRO protect you?

A victim needs to prove domestic violence so that a judge can grant a TRO. This forbids the abuser from making physical contact and communicating with them and their family. They are also not allowed to commit violent acts, possess weapons and go back to the scene of domestic violence.

A TRO gives the victim exclusive possession of their residence and temporary child custody. Moreover, it can require the abuser to reimburse the victim’s medical expenses and pay temporary child support.

The TRO filing process

Victims can request for a TRO from the court. They can seek assistance from local or New Jersey police. Ten days within the TRO release, the court will hold a hearing to allow the judge to issue a final restraining order.

Taking a stand against domestic violence

Aside from filing for a TRO, you can submit civil and criminal complaints. Legal remedies may help you in your recovery process by giving you more protection and holding the abuser accountable.

FindLaw Network