The Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35, does not contain a provision limiting the time in which a victim of domestic violence can file a criminal complaint or civil complaint seeking a temporary restraining order (TRO).   

Therefore, the time limitations contained in the Criminal Code, N.J.S.A. 2C:1-6(b)(1) (criminal) and N.J.S.A. 2C:1-6(f) (civil), control. Under the Criminal Code most domestic violence complaints in New Jersey, which can be criminal or civil, must be filed within five years of the alleged offense. N.J.S.A. 2C:1-6(b)(1), 2C:1-6(f).  However, a prosecution for a disorderly persons offense or petty disorderly persons offense must be commenced within one year after it is committed. N.J.S.A. 2C:1-6(b)(2).  

The five-year statute of limitation for most crimes begins “to run on the day after the offense is committed.” N.J.S.A. 2C:1-6(c). However, in cases involving DNA testing or fingerprint analysis, “time does not start to run until the State is in possession of both the physical evidence and the DNA or fingerprint evidence necessary to establish the identification of the actor by means of comparison to the physical evidence.” N.J.S.A. 2C:1-6(c). And these time periods do not run during any time that a person is fleeing from justice. N.J.S.A. 2C:1-6(f).   

Additionally, prosecutions for sexual assault when the victim is below the age of 18, “must be commenced within five years of the victim’s attaining the age of 18 or within two years of the discovery of the offense by the victim, whichever is later.” N.J.S.A. 2C:1-6(b)(4).  

Notably, however, although the five year statute of limitations under the Criminal Code applies, most domestic violence complaints are filed shortly after the alleged act and victims frequently seek a restraining order against the alleged offender. It is well established that to obtain a Final Restraining Order (FRO) under the PDVA, a victim must prove: 1) that a predicate act set forth in N.J.S.A. 2C:25-19(a) occurred; and 2) that a FRO is necessary to protect the victim from an immediate danger or to prevent further abuse. Silver v. Silver, 387 N.J. Super. 112 (App. Div. 2007). It may be difficult to prove that a victim needs protection from an immediate danger if the alleged offense occurred years before the complaint was filed.  

How do you Appeal from the Grant or Denial of a TRO? 

The grant of a TRO is immediately appealable for a plenary hearing de novo before any Superior Court, Family Division Judge. The hearing will be held in the county where the TRO was entered. The judge should have access to the reasons for the issuance of the TRO if ordered by the municipal court. N.J.S.A. 2C:25-28(i). If the application is granted, a de novo hearing will be scheduled with adequate notice to both parties. The judge must place the reasons for continuing, modifying or dissolving the TRO on the record. New Jersey Domestic Violence Procedures Manual at 48 (2022). https://www.njcourts.gov/sites/default/files/courts/family/ dvprcman.pdf 

If the plaintiff requests an immediate de novo review of a denial of a TRO by a municipal judge, the Superior Court judge will conduct a hearing on the TRO/Complaint telephonically and will decide whether to grant or deny the TRO. “The denial of a temporary restraining order by a municipal court judge and subsequent administrative dismissal of the complaint shall not bar the victim from refiling a complaint in the Family Part based on the same incident and receiving an emergency, ex parte hearing de novo not on the record before a Family Part judge, and every denial of relief by a municipal court judge shall so state.” N.J.S.A. 2C:25-28(i).  

Appeals from Final Restraining Orders 

Appeals from a Final Restraining Order must be filed within 45 days in New Jersey. Rule 2:4-1. Additionally, under the PDVA, a court may vacate an FRO upon good cause shown. N.J.S.A. 2C:25-29(d). 

Criminal law is complicated and constantly changing. If you are facing criminal charges, you should immediately contact our team of experienced former prosecutors to schedule a free case review with one of our expert criminal defense attorneys. A complete understanding of criminal law by your attorney is crucial to your defense. Your rights and freedoms are in jeopardy, and you owe it to yourself to act. We are available to provide immediate assistance and further counsel on your case at 862-315-7929. 

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