Can i drop my temporary restraining order before the hearing?

Asked about 4 years ago - Marlton, NJ

i have a TRO against my boyfriend and now want to drop it. Can i do this before the hearing? If so, how do i go about doing it?

Attorney answers (3)

  1. Elliot S Stomel

    Pro

    Contributor Level 14

    Answered . You cannot drop the TRO before the hearing. At the hearing, you can make application to the Court to have the TRO "dissolved." If this is a one-time incident which resulted in no serious injuries, chances are pretty good that the Court will grant your application. However, if you have a history of doing this, the Court may be more reluctant to honor your request, especially if you were injured and the police express an independent desire to proceed.

  2. Ronald Anthony Sarno

    Contributor Level 20

    Answered . You can go to the court where it was filed and withdraw the complaint. Be advised that the court may want you to attend a hearing on the matter, and if the police witnessed the aftermath of actual domestic violence, the officers may insist on proceeding. It would be helpful if you and your bf used counselling to resolve your disputes and not the police.

    On my profile there are several legal guides. I recommend reviewing the following which may be helpful to you:


    Hiring a lawyer helpful; Is it Legal? Is it Illegal?
    Understanding the different court systems;
    A guide to legal terms used in litigation…………………………………l.



    LEGAL DISCLAIMER…………………………………………………………………..
    Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information about this issue.

  3. Ronald Glenn Lieberman

    Pro

    Contributor Level 18

    Answered . Be careful for the reasons why and you will need to go to court in order for a judge to accept the dismissal.

    DISCLAIMER This answer is provided for educational purposes only. By using or participating in this site you agree and understand that there is no attorney client privilege between you and the attorney responding. This site cannot be used as a substitute for competent legal advice from a licensed attorney that practices law in the State where this offense is charged; and, who has experience in the area of law you are asking questions about and with whom you would have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question, or in the State where this charge is filed.

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