Exclusively Focused on Family Law Matters Over 60 Years of Collective Experience. Thousands of Families Helped.

Setting Aside a Monmouth County Domestic Violence Restraining Order

In New Jersey, a final restraining order is considered permanent unless either the victim or the person under the order goes to family court to have it either dissolved or modified.

However, before doing so, the court considers several factors.

The Victim Requests a Change in Restraining Order

If the victim wants the final restraining order dissolved or modified, family court will:

  • Screen the victim to be certain this request is voluntary, without coercion or acted upon under duress
  • Advise the victim of his or her rights regarding the dismissal of the restraining order
  • Educate the victim regarding the circle of domestic violence

If you are a victim of domestic violence and want a restraining order modified or dissolved, talk to the experienced Monmouth County domestic violence attorneys at the Law Offices of Steven P. Monaghan, LLC. Call (732) 624-6343 now.

The Person Under the Order Requests a Change in Restraining Order

If the person under the restraining order desires it to be dissolved or modified, that person must file a motion with family court requesting such.

Then, in reviewing the motion before the court, family court will consider eleven (11) factors:

  • Consent of the victim to lift the restraining order
  • The victim's fear of the defendant
  • The nature of the relationship between the parties today
  • Contempt convictions
  • Alcohol and drug involvement
  • Other violent factors
  • Whether the defendant has engaged in domestic violence counseling
  • Age/health of defendant
  • Good faith of the victim
  • Orders entered by other jurisdictions
  • Any other factor deemed relevant by the court

As the victim of domestic violence, if you decide to dismiss a temporary restraining order and then you are hurt again, please note that you can always come back to the court for a new restraining order.

Need a Restraining Order Modified or Dissolved? Talk to Us.

If you need a domestic violence restraining order modified or dissolved, talk to the experienced Monmouth County domestic violence lawyers at the Law Offices of Steven P. Monaghan, LLC. We can review the order, advise you of your rights, and help you through the court's process.

Your initial meeting with us is always free. Call us at (732) 624-6343 or complete the online form to get started now.

Former Client Experiences

We Tailor Our Approach Specifically to Meet Your Goals
  • “Thank you for everything you did for our daughter and grandson. Your expertise was able to bring to an end a long and difficult journey for all involved. We are very appreciative of you. Thank you for ...”

    - G.H.
  • “My sincerest and heartfelt thank you. You all will never know how very much your patience, dedication, and professionalism means to me.”

    - S.C.
  • “Thank you for defending me- legally & morally. Thank you for talking honestly to me. Thank you from the bottom of my heart. You were amazing; truly amazing!”

    - M.D.
  • “Steve, I can’t thank you enough for being there for me today. The fact that you had my back and validated my role as a mother and wife for over 18 years meant so much. It has been an unfortunate and ...”

    - T.M.
  • “You will never be forgotten. We will always be thankful for all the help you have given us. May you be blessed with nothing but the best. We have been given a second chance, which would’ve never ...”

    - M.M.
/

TURN TO OUR TEAM FOR GUIDANCE

WE HELP FAMILIES NAVIGATE TO THE NEXT CHAPTER
  • Certified by the Supreme Court of New Jersey
  • Practicing Family Law Exclusively
  • Over 60 Years of Combined Experience
  • Recognized & Trusted by the New Jersey Community
  • Free In-Person Consultations