Domestic Violence – How do you file for a restraining order?

            There are two ways to obtain a temporary restraining order.  If the police have not been called and you are away from the immediate danger, you can go to the Superior Court in your county and ask for the Family Division.  An intake officer at the county will assist you in filing the complaint.  A judge will review the complaint and decide whether to issue the temporary order. 

            If the Court is closed, for example after 4:30 pm or on a weekend, you can go to your local police station.  A police officer can advise you of all of the procedures involved.  The officer will take your statement and will contact a Municipal Court Judge who will review the Complaint and decide if there is probable cause to issue the temporary order. 

            Regardless of whether you go to the Superior Court or to the police station, you can also file a criminal complaint against the offender, which will generally be heard in municipal court.