In New Jersey, restraining orders are often permanent. However, there are
certain circumstances which the court will consider to possibly dismiss
a restraining order.
Either the aggressor or the victim may petition the court to remove a restraining
order. Each petition is reviewed on an individual basis and typically
a court will remove the restraining order only when the specific circumstances
are fulfilled and the judge feels that the aggressor is no longer a threat
to the victim.
At the Aggressor’s Request
An aggressor can contact the Family Division of Superior Court and request
an appointment to complete a petition to ask for a dismissal of a restraining
order. Only after a final restraining order has been entered can a person
request a petition.
The following are the three main requirements an aggressor must meet to
have their restraining order dismissed:
- The aggressor must show a good cause for the order to be dismissed
- The aggressor must demonstrate that the situation between him or her and
the victim have changed substantially, so that the restraining order is
no longer necessary
- The aggressor must provide the court with a transcript of his or her original
court appearance when the restraining order was granted
The aggressor must appear in court on the designated date with all of the
listed information mentioned above. It is imperative not to have contact
with the victim during that time, since any contact could violate the
terms of a current restraining order, resulting in criminal penalties.
At the Victim’s Request
A victim can contact the Family Division of Superior Court and speak with
a court official about dismissing a restraining order. He or she will
most likely be required to make an appointment with the court to visit
a court official since that official must ensure that the victim wants
to make the dismissal voluntarily, that the victim understands the dismissal
is permanent, and that the victim is fully aware of the cycle of domestic violence.
If everything checks out, the victim can fill out and sign a Certification
to Dissolve a Restraining Order. He or she will appear in front of a judge
on the designated court date. The victim will need to explain to the judge
the reason(s) to remove a restraining order on the aggressor, as well
as to understand the consequences of restraining order removal.
If you are interested in seeking a restraining order removal in New Jersey,
contact our Bergen County family law attorney at Moskowitz Law Group,
LLC and schedule a free case evaluation today.