I was granted a 6 day temporary restraining order against my husband. There was never any physical violence just verbal arguments. I have to appear in court, how can I drop the temporary restraining order, is this possible or does this become permanant? Thanks.
Divorce / Separation Lawyer
You don't need an attorney to do this. Just show up and tell the sheriff's officer at the judge's courtroom door that you want to dismiss. They'll have you talk to a DV worker and fill out an affidavit, you then appear in front of the judge and affirm that you want it dismissed.
I've seen a VERY few cases where a judge said that in light of the seriousness of the DV (death threats, violence, etc) he wanted the plaintiff to keep the TRO and return, but again - that's rare.
I'm more concerned that you be aware that DV is a cycle and that, absent some fundamental change (including therapy) on how conflicts will be resolved, it tends to escalate each time. I'm not saying you shouldn't drop it, but you're probably in the "honeymoon" stage of the cycle right now, and it's all too easy to just forget about whatever happened rather than proactively working on the situation.
The above is said without seeing your case file and without my understanding the entirety of the facts of your case. Depending on those facts, the above information be may incomplete or may be completely inaccurate. The above is intended as general information only based on what you described and not as legal advice. I advise you to consult with counsel who may be able to provide better information commensurate with a better understanding of your situation.
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Divorce / Separation Lawyer
A temporary restraining order will only become a final restraining order after a trial on the merits and you are able to prove that an act of domestic violence has occured. You are permitted to have the restraining order dismissed but you will need to appear before a Judge in the County where the case is venued. The Judge will take testimony from you and question you as the reasons you are seeking to have the temporary restraining order dismissed. If the Judge is satisfied with your reasons and finds that you are not under duress or being coerced into doing this, your dismissal will be granted. I would suggest you seek consultation with an attorney on this issue.
IMPORTANT LEGAL NOTICE: The response to the question posted is not legal advice and it does not create an attorney-client relationship. The response is intended as general information based upon the facts stated in the question, and is provided for educational purposes of the public, not any specific individual. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Responses are based solely upon New Jersey law.
2 lawyers agree
I agree with my colleagues. It isn't very difficult to get it dismissed, but please make sure that this is the best solution under the circumstances.
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