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.