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How can I cancel a temporary restraining order, before I go to the hearing.

Piscataway, NJ |

I still want to be with the defendant and I want to cancel the restraining order and drop the charges I had against him. how do i do that. I have to go to court in two days. HELP!

Attorney Answers 2

Posted

You can drop the charges. BUT the court takes very seriously any false police report, IF the original report is true, then I suggest you discuss your options with a criminal defense attorney. IF the original report is false, then I recommend the same option. Either he is a threat to you or you are not telling the truth to the police. If you wish to reconcile, discuss with bf couple counselling before going to court. Learn not to use the police as an intervention service. Good luck.

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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.

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Posted

Assuming you still have not handled this in Court, you tell the prosecutor you want to drop the RO and want the charges dropped. You will be interviewed by the victim/witness advocate. If you convince them that this is strictly voluntary on your part, you will go through the same type of questions in front of the judge. If the judge agrees, the judge can order the dismissal, with or without conditions like counseling. Good luck.

DISCLAIMER
This response does not constitute legal advice. It does not create an attorney-client relationship. This answer is provided solely for informational purposes, for you to use as a starting point when speaking directly with a lawyer. I urge you to immediately contact an experienced criminal defense lawyer admitted to practice law in NJ before you make any decisions about this case.

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