A domestic violence allegation can quickly affect a custody case in New Jersey. A temporary restraining order may give one parent temporary custody and limit contact with the other parent. A final finding of abuse can carry even more weight, since judges must now treat child safety as the first question in custody cases. Warren Law Firm represents parents on both sides of restraining order hearings connected to Atlantic County child custody cases.

What Changed in New Jersey Custody Law in 2026?

In January 2026, New Jersey amended its custody law to make child safety a threshold issue. This means judges must address safety concerns before deciding on custody or parenting time. The law also calls for decisions based on each family’s specific facts. When there is a history of domestic violence or child abuse, a judge cannot give the parent who caused the harm more custody time just to improve their relationship with the child. Judges still consider the usual custody factors, such as each parent’s fitness and the child’s preference.

Temporary vs. Final Restraining Orders in Custody Disputes

New Jersey handles restraining orders in two stages, and each one can limit parenting time differently:

Temporary Restraining Order (TRO): A judge issues a TRO after hearing only from the person asking for protection. It generally lasts until the final hearing, which is usually held within 10 days.
Final Restraining Order (FRO): A judge issues an FRO after both parents have a chance to testify. It has no end date and stays in place unless a judge ends it.

When either type of order is in place, the court generally will not send the parents to mediation over custody or parenting time. In Atlantic County, these cases are heard in the Family Division on Bacharach Boulevard in Atlantic City.

Can a Judge Order Supervised Visitation After Abuse Allegations?

Yes. Under New Jersey law, a judge can order supervised parenting time or arrange child exchanges that avoid contact with the protected parent. When deciding temporary custody, the law presumes that the child’s best interests are served by placing them with the parent who was not abusive.

A parent who was abused may ask for a risk assessment before visits begin. If that parent certifies under oath that the other parent’s visits have threatened the child’s safety, the court must consider suspending visits and hold an emergency hearing.

What Happens When Domestic Violence Allegations Are False?

To get an FRO, the person asking for protection must prove two things: that abuse happened, and that they need protection going forward. This two-part test comes from the New Jersey case Silver v. Silver. If the evidence does not meet that standard, the judge will not issue an FRO.

New Jersey law also lists making baseless reports to police, courts, or the state’s child protection agency as an example of coercive control, which is a pattern of controlling behavior that judges consider in restraining order cases. Making a false police report can also lead to separate criminal charges.

Court Penalties Tied to Restraining Orders

An FRO bars the person it is issued against from having firearms for as long as the order is in effect or two years, whichever is longer. Judges may also order counseling or require payment for the victim’s losses.

Violating the order can lead to contempt charges. In general, testimony given at the FRO hearing cannot be used against the accused in a related criminal case, except in contempt cases.

Facing a Restraining Order That Affects Your Children?

Legal help matters most in the days before a final hearing. We help Atlantic County parents prepare for FRO hearings, whether they are seeking protection or responding to an allegation. Kenneth M. Warren Jr. has completed training in domestic violence advocacy. You can get in touch online or call (609) 345-7717 for help gathering texts, witnesses, and other evidence before your hearing.