SUPERIOR COURT OF NEW JERSEY
Family Part, [COUNTY] Vicinage
FINAL DOMESTIC VIOLENCE PROTECTION ORDER
(Prevention of Domestic Violence Act of 1991, N.J. Stat. Ann. §§ 2C:25-17 – 35)
TABLE OF CONTENTS
- Document Header
- Definitions
- Jurisdiction & Procedural History
- Court Findings
- Operative Provisions (Injunctive Relief)
- Ancillary Relief
- Firearms & Weapons Surrender
- Service, Entry & Enforcement
- Penalties for Violation
- Modification & Dissolution
- General Provisions
- Execution Block
[// GUIDANCE: This template is drafted for a Final order. If you need a Temporary Restraining Order, adjust the headings and statutory references accordingly.]
1. DOCUMENT HEADER
1.1 Caption
• Plaintiff/Protected Party: [PLAINTIFF LEGAL NAME]
• Defendant/Restrained Party: [DEFENDANT LEGAL NAME]
• Docket No.: [FAMILY COURT DOCKET #]
• Judge: Hon. [JUDGE NAME], J.S.C.
• Hearing Date(s): [DATE(S)]
• Effective Date of Order: [DATE]
1.2 Appearances
• Plaintiff appeared [PRO SE / THROUGH COUNSEL, NAME, ESQ.]
• Defendant appeared [PRO SE / THROUGH COUNSEL, NAME, ESQ.] / FAILED TO APPEAR
• Assistant Prosecutor (if applicable): [NAME]
2. DEFINITIONS
For purposes of this Final Domestic Violence Protection Order (“Order”):
“Act” means the Prevention of Domestic Violence Act of 1991, N.J. Stat. Ann. §§ 2C:25-17 – 35.
“Protected Parties” means Plaintiff and the following additional persons: [LIST MINOR CHILDREN / OTHER FAMILY OR HOUSEHOLD MEMBERS, IF ANY].
“Prohibited Contact” means any in-person, telephonic, electronic, written, or third-party communication, including via social media, regardless of content or intent.
“Residence(s)” means any current or future dwelling of the Protected Parties, including [STREET ADDRESS(ES)].
“Firearm” and “Weapon” have the meanings assigned under N.J. Stat. Ann. § 2C:39-1.
3. JURISDICTION & PROCEDURAL HISTORY
3.1 This Court has subject-matter jurisdiction under the Act and personal jurisdiction over Defendant based on [SERVICE DETAILS].
3.2 On [DATE], Plaintiff filed a Verified Domestic Violence Complaint alleging the predicate act(s) of [ASSAULT / HARASSMENT / TERRORISTIC THREATS / ETC.] as set forth in N.J. Stat. Ann. § 2C:25-19.
3.3 A Temporary Restraining Order (“TRO”) was issued on [DATE] and duly served.
3.4 A plenary hearing was conducted on [DATE(S)], during which the Court heard testimony, reviewed exhibits, and took judicial notice of the prior TRO.
4. COURT FINDINGS
4.1 Predicate Act(s). The Court finds, by a preponderance of the evidence, that Defendant committed the following predicate act(s) of domestic violence: [INSERT STATUTORY OFFENSE(S)].
4.2 Need for Protection. The Court further finds that a final order of protection is necessary to protect Plaintiff and the other Protected Parties from future acts or threats of domestic violence.
4.3 Firearms Possession. The Court finds Defendant presently [DOES / DOES NOT] possess firearms, firearms purchaser identification cards, permits to purchase handguns, or permits to carry handguns.
[// GUIDANCE: If the Court does not make one of these findings, delete or revise accordingly.]
5. OPERATIVE PROVISIONS (INJUNCTIVE RELIEF)
IT IS HEREBY ORDERED that, effective immediately and until further order of this Court:
5.1 No Contact. Defendant shall have no Prohibited Contact with any Protected Party.
5.2 Stay-Away. Defendant shall remain at least [XX] yards from:
a. Residence(s);
b. Place(s) of employment and education of Protected Parties;
c. Other specifically designated locations: [LIST].
5.3 Communication Through Counsel or Court. Any necessary communication regarding minor children, property, or litigation shall occur only:
a. Through counsel of record; or
b. In writing with prior written approval of this Court.
5.4 Third-Party Facilitation Prohibited. Defendant shall not cause, solicit, or encourage any third party to violate any term of this Order.
5.5 Possession of Keys & Documents. Defendant shall immediately surrender keys, garage openers, access cards, passports of minor children, and any other listed items to [LAW ENFORCEMENT / PLAINTIFF’S COUNSEL].
5.6 Financial Restraints. Defendant is restrained from dissipating, transferring, or encumbering marital assets except in the ordinary course of business and with written notice to Plaintiff.
[// GUIDANCE: Delete § 5.6 if financial restraints were not sought or granted.]
6. ANCILLARY RELIEF
6.1 Temporary Custody & Parenting Time
a. Temporary legal and physical custody of the minor child(ren): [NAME(S), DOB] is awarded to Plaintiff.
b. Parenting time for Defendant: [NONE / SUPERVISED / SPECIFY TERMS].
c. Exchange location and method: [SPECIFY].
6.2 Financial Support
a. Child support is set pursuant to N.J. Child Support Guidelines at [$ AMOUNT] per [WEEK / MONTH] beginning [DATE].
b. Temporary spousal support is set at [$ AMOUNT] per [WEEK / MONTH] beginning [DATE].
[// GUIDANCE: Provide support worksheets and findings of ability to pay as required by Rule 5:6A.]
6.3 Temporary Possession of Personal Property
Plaintiff is awarded temporary exclusive use of: [MOTOR VEHICLE, PETS, PERSONAL PROPERTY].
7. FIREARMS & WEAPONS SURRENDER
7.1 Mandatory Surrender. Pursuant to N.J. Stat. Ann. § 2C:25-21(d)(1) & (2):
a. Defendant shall immediately surrender all firearms and other weapons to [LAW ENFORCEMENT AGENCY].
b. Defendant shall surrender all firearms purchaser identification cards, handgun purchase permits, and permits to carry handguns.
7.2 Search & Seizure Authorization. Law enforcement is authorized to accompany Plaintiff to [PREMISES] to secure Defendant’s firearms and permits.
7.3 Forfeiture & Disposal. A separate forfeiture hearing under N.J. Stat. Ann. § 2C:25-21(d)(3) shall be scheduled within 45 days of this Order.
8. SERVICE, ENTRY & ENFORCEMENT
8.1 Service. The Court directs the Family Division to:
a. Serve a certified copy on Defendant [IN COURT / VIA LAW ENFORCEMENT];
b. Deliver copies to local law enforcement agencies having jurisdiction over Plaintiff’s residence, school, and place of employment;
c. Transmit the Order for entry into the Domestic Violence Central Registry and the National Crime Information Center (NCIC) database.
8.2 Full Faith & Credit. This Order shall be accorded full faith and credit in all U.S. jurisdictions in accordance with 18 U.S.C. § 2265.
8.3 Law Enforcement Authority. Any police or sheriff officer may arrest Defendant without a warrant for probable cause violations of this Order.
9. PENALTIES FOR VIOLATION
9.1 Criminal Contempt. Violation of any provision of this Order constitutes criminal contempt under N.J. Stat. Ann. § 2C:29-9 and is a fourth-degree crime. Conviction may result in imprisonment of up to eighteen (18) months and fines up to $10,000.
9.2 Indirect Criminal Contempt. Indirect violations (through third parties) are punishable in the same manner as direct violations.
9.3 Enhanced Penalties. Repeat violations, use of a weapon, or commission of a new act of domestic violence may result in additional criminal charges.
10. MODIFICATION & DISSOLUTION
10.1 Either party may seek modification or dissolution of this Order by verified application pursuant to N.J. Court Rule 5:7A and upon notice to the other party.
10.2 The moving party bears the burden of demonstrating good cause or substantially changed circumstances.
10.3 This Order shall remain in full force and effect until further order of this Court, notwithstanding any reconciliation attempts between the parties.
11. GENERAL PROVISIONS
11.1 Severability. If any provision of this Order is held invalid, the remaining provisions shall remain in full force.
11.2 Supersession. This Order supersedes all prior temporary restraints and any inconsistent provisions contained in matrimonial or other civil orders, unless expressly incorporated herein.
11.3 Copies with Force of Original. Certified copies shall have the same force as the original. Electronic or facsimile copies are enforceable.
11.4 No Waiver. The failure of any Protected Party or law enforcement agency to act upon a violation does not constitute a waiver of rights to future enforcement.
11.5 Costs & Fees. Defendant shall pay court costs and attorney’s fees incurred by Plaintiff in connection with these proceedings in the amount of [$ AMOUNT], payable within [XX] days.
[// GUIDANCE: Fees are discretionary under N.J. Stat. Ann. § 2C:25-29(b)(4). Omit or adjust if not awarded.]
12. EXECUTION BLOCK
ORDERED this [DAY] day of [MONTH, YEAR] at [TIME]:
Hon. [JUDGE NAME], J.S.C.
Superior Court of New Jersey – Family Part
ACKNOWLEDGMENTS
Plaintiff:
I have received a copy of this Order and understand its terms.
[PLAINTIFF NAME] Date
Defendant:
I have received a copy of this Order. I understand that violation may result in criminal prosecution and imprisonment.
[DEFENDANT NAME] Date
LAW ENFORCEMENT CERTIFICATION
I certify that I served a copy of this Order on Defendant as indicated below:
Method of Service: [IN-COURT / PERSONAL / OTHER]
Date & Time: [DATE, TIME]
[OFFICER NAME, BADGE #] Signature
[// GUIDANCE: 1) Attach any exhibits—e.g., property schedules or support worksheets—as “Schedule A,” “Schedule B,” etc. 2) Confirm county-specific filing requirements, including Confidential Litigant Information Sheets and required data elements for the Domestic Violence Central Registry. 3) Consider adding bilingual versions if required by local rule.]