Tips for Dissolving a Final Restraining Order In Hudson County Family Court, New Jersey
This guide is about how to win a case to dissolving a final restraining order in Hudson County Family Court, Essex County Family Court and beyond by Jersey City, New Jersey attorney Santo Artusa Jr, Esq.
Know the Factors Concerning Dissolving a Final Restraining Order in New Jersey Family CourtA final or permanent restraining order can be dissolved under certain conditions even when the other side aka victim opposes the restraining order from being dissolved. We can help you how but first let us go over the key factors involved. Under the key case Carfagno v. Carfagno 1998, the court lays out what it analyzes in making a final restraining order go away.
1. Whether the cycle of control and domination has been broken
2. Whether the victim consents to dissolve the FRO
3. The victim's objective fear of the defendant; particularly when there are children.
4. The nature of the relationship between the parties today.
5. The number of contempt convictions for violating the FRO (if any).
6. Alcohol and drug involvement.
7. Other violent acts.
8. Whether the defendant has engaged in domestic violence counseling
9. The age and health of the defendant.
10. Orders of protections from other jurisdictions.
11. Any other relevant factors.
The Burden Of Proof Is On the Moving PartyThe moving party must make a prima facie showing that good cause exists of the dissolution of the FRO prior to the Judge fully considering the dismissal application. When material factual disputes are in play, the moving party should seek a plenary hearing where testimony and evidence can be presented. If the court finds the motion/application to be brought in bad faith, the court court order counsel fees against the moving party.
A Victim's Application or Agreement Does not Constitute that a Final Order will be VacatedDomestic violence is about control. As times goes on, the parties may be back together without the court knowing anything about it. The victim may be lured into bringing an application to vacate the final restraining order. This does not mean that the court will definitely dissolve the final order. The court must view the entire situation to understand what is going on and at times, to protect those who cannot be protected.
The More Time That Goes On Without Contempt or Violations the BetterYou have a much better chance of having a final restraining order dismissed the longer time has passed since the final restraining order was entered. The court wants to see that things have calmed down or even better that the parties do not need to see or speak to each other at all.
In conclusion, if you have a final restraining order against you or you want to fight the dismissal of a final restraining order, you should contact a skilled family law attorney to handle your case immediately.