Dismissal of Domestic Violence Orders in New Jersey
Little Falls NJ Domestic Violence Defense Lawyer
Criminal defense attorney Alissa D. Hascup represents clients throughout New Jersey, including in Jersey City, Paterson, Newark, and Hackensack, who have been charged with domestic violence related criminal offenses such as criminal restraint, stalking, terroristic threats, and simple assault.
She has successfully handled countless cases in New Jersey, in Superior Court (indictable/felony level offenses) and Municipal Court (disorderly persons/misdemeanor level offenses). She is a former domestic violence prosecutor and special deputy attorney general. During the course of her career with the Morris County Prosecutor’s Office, Ms. Hascup handled cases ranging from Homicide (murder) and aggravated assault to robbery and weapons offenses. Now she is fighting for you.
If you or a loved one has been involved in a domestic violence or other related incident where a Restraining Order has been issued, it is important to contact an experienced lawyer immediately.
Dismissal of Temporary Restraining Order (“TRO”) in New Jersey
When a victim wants to dismiss a TRO prior to the entry of a FRO, the victim needs to appear in person before a Judge of the Family Part – Superior Court. It must first be determined that:
a. The victim has read and understood “What Dissolving a Restraining Order Means;”
b. The victim has not been coerced or placed under duress to withdraw the TRO;
c. The victim understands the cycle of domestic violence and its probable recurrence;
d. The victim is aware of the protective resources available;
e. The victim clearly understands that dismissal of the TRO will eliminate all protections;
f. The victim is aware that a dismissal is not prejudicial; and
g. The victim is informed that any criminal matter is separate and distinct.
After making those determinations, the victim must then fill out and sign a Certification to Dismiss, which will be placed in the file and sent to a Judge. Finally, the victim must appear before a Judge, the above information must be placed on the record, and assuming the Judge finds that the request for dismissal is appropriate, it will be granted and the TRO will be dismissed.
Dismissal of Final Restraining Order (“FRO”) in New Jersey
I. At Request of Victim.
A request for dismissal of a FRO by the victim will be handled in the same manner as a request for dismissal of a TRO. The dismissal must be requested in person, before the Judge who entered the FRO or a Judge who can review the complete court file. There will also be a determination made as to whether an order for child support, custody, or visitation was entered as part of the FRO and, if so, determine whether the victim wants that relief to continue. If the victim does want that relief to continue, a separate Order will be entered.
II. At Request of Defendant.
A FRO may be dissolved upon “good cause shown,” pursuant to N.J.S.A. 2C:25-29d. A request for dismissal of a FRO by the defendant must be brought through a Notice of Motion. The motion will be heard by the Judge who entered the FRO or another Judge who has read the transcript of the final hearing. In making the determination, the Judge will consider:
a. Whether the defendant attended and completed all court ordered counseling. If not, the motion will be denied.
b. The past history of domestic violence.
c. Any other factors the Judge deems appropriate to assess whether the defendant has shown good cause that the FRO be dismissed.
d. To protect the victim, the Judge will consider a number of additional factors when deciding whether good cause has been shown including but not limited to:
1. Whether the victim consents to dismissal;
2. Whether the victim fears the defendant;
3. The nature of the current relationship between the parties;
4. Whether there have been any contempt convictions;
5. Whether the defendant has any issues with drug or alcohol abuse;
6. Whether the defendant has been involved in other violent acts with other persons;
7. Any other factors.
Contact a Haledon NJ Domestic Violence Defense Lawyer Today
If you find yourself in a situation where you or a loved one have been charged with a crime involving domestic violence and a TRO or FRO has been issued, the results can be serious. Call Alissa Hascup anytime or fill out the online contact form to schedule a free consultation about your case.