Can a Restraining Order Be Dismissed?
Ok, maybe you were a little rash when you filed a restraining order against your boyfriend. It was a heated argument and when he hit you, you wanted to retaliate. But you’ve worked things out and are ready to get back together. However, there’s still a restraining order against him. Is there any way that you can dismiss the order?
Before discussing how to modify a restraining order, let’s explain what it is and the process of getting one in the first place. If you are a victim of domestic violence, you have the option to file a restraining order against your abuser. It doesn’t matter if that person is a significant other, a family member, or your spouse — if that person has been abusing you, an order should be filed.
When you apply for a restraining order in New Jersey, you will be interviewed by a domestic violence staff member about the incident. After that interview, there will be hearing where the order is issued or denied. When it’s issued, you will first receive a temporary restraining order (TRO) and you will be giving a date to return to court for a final restraining order (FRO) in approximately 10 days. At that hearing, both you and the defendant will appear at the final hearing. If the judge believes domestic violence has occurred, then you will receive a FRO.
However, you can have a FRO dismissed or modified. To change the order, it needs to be done in person. It’s not something you can do over the phone or email. If you want to reconcile with your defendant, you must appear before a judge in the Family Division of Superior Court and request the dismissal. But remember, if there are criminal charges against your loved one for domestic violence, the defendant will still need to address that.
It’s also important to note that FROs don’t expire in New Jersey. That means if you get one, then the only way it can end is if you go back to court and request a dismissal.
If you are thinking of applying for a restraining order, or need one to be dismissed, we can help. Contact the Law Offices of Anthony Carbone today for a free consultation.