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How to Drop a Restraining Order in New Jersey

Restraining Order Lawyers with offices in Morristown, NJ

I want to dismiss a restraining order NJ help

How to dismiss a restraining order NJ

Once a temporary restraining order (known as a “TRO”) is issued, it’s not so easy to dismiss it. It requires going to court, meeting with a domestic violence counselor, filling out paperwork, and then putting the dismissal on the record in court in front of a judge. A restraining order is a civil matter that is handled in the Family Division in the county in which the domestic violence occurred or in which the parties reside. So, if you live in Fort Lee and you obtained a restraining order after a domestic violence incident occurred, you must appear in the Bergen County Superior Court in Hackensack, NJ to litigate the matter.

If you or a loved one is in need of assistance with a domestic violence case in New Jersey, the NJ restraining order lawyers at the Tormey Law Firm LLC can help. Our attorneys have literally handled hundreds of restraining order trials throughout NJ including in Morris County, Passaic County, Essex County, Bergen County, and Hudson County NJ. Our managing partner, Travis J. Tormey, has been recognized as a domestic violence resource and has been cited in numerous newspapers and appeared on CBS radio to speak as a legal scholar on domestic violence. For more information, contact our offices anytime for a free initial consultation at (908)-336-5008.

I want to Dismiss a Restraining Order in New Jersey

It is important to first understand if you are talking about a restraining order that was issued in the family division of superior court or you are talking about a “no contact” order that was issued as a condition of bail in a criminal matter. These are two very different things. If a “no contact order” was issued after a criminal charge was filed against your significant other and you would like that “no contact order” dropped, you need to address that in criminal court and with the prosecutor’s office who is handling that case (either a county prosecutor’s office or a municipal prosecutor). Typically, you must speak to a detective or assistant prosecutor (if it’s a felony case) and ask them to amend the bail conditions and lift the “no contact order”. If it’s a disorderly persons case which is handled in Municipal Court, you must usually appear in Municipal Court and ask the judge to remove the “no contact order”.

Now, if you have obtained a restraining order then it is a very different process entirely. After the temporary restraining order (TRO) is issued, the case will be scheduled for a final restraining order (FRO) hearing or trial within 10 days of the issuance of the restraining order. If you want to dismiss the restraining order that you obtained, then you must appear at that hearing and tell the court you want to dismiss it. At that point, the judge will direct you to speak to a domestic violence counselor who will explain the cycle of domestic violence to you and make sure you understand your options. You must then sign paperwork acknowledging that you’ve spoken to a domestic violence counselor and that the cycle of domestic violence has been explained to you. You must also sign something saying that you want to dismiss the restraining order and you are doing so freely and voluntarily. And that no one has forced you or threatened you to dismiss the case. Then, you will appear again in court before the judge who will confirm that you want to dismiss the case and place it all on the record in court. Finally, the judge will then dismiss the restraining order.

If you have a final or permanent restraining order and you want to dismiss it, it is essentially the same process as above. However, you won’t have a pending court date so you must go to court and ask them to dismiss the old restraining order. They will then put you through the same process to make sure you are doing so voluntarily and to place the dismissal on the record in court.

Help to Dismiss a Restraining Order I filed in NJ? Contact us today

For more information on dismissing or dropping a restraining order in NJ, contact our domestic violence lawyers for a free consultation at (908)-336-5008.

Visit Our Offices

With offices in Hackensack, Morristown, Newark, Middletown, and New Brunswick, our lawyers can represent you anywhere in New Jersey and are available immediately to assist you at (908)-336-5008

Hackensack / Bergen County

254 State Street
Hackensack, NJ 07601

  • 201-556-1570
  • 201-556-1572
Hackensack Office

Morristown / Morris County

60 Washington St Suite 200A,
Morristown, NJ 07960

  • 908-336-5008
  • 201-556-1572
Morristown Office

Newark / Essex County

1 Gateway Center Suite 2600
Newark, NJ 07102

  • 201-654-3464
  • 201-556-1572
Newark Office

for a free initial consultation Contact the Tormey Law Firm

Travis J. Tormey is a distinguished member of the legal community and a respected legal resource on domestic violence. He has been featured in a variety of prominent publications and media outlets, including CBS radio, Aol News, the Asbury Park Press, NJ.com, and the Daily Record. Mr. Tormey has also been recognized as one of the the top criminal attorneys under 40 years of age by the National Trial Lawyers Association and the National Academy of Criminal Defense Attorneys. Whether representing victims or the wrongly accused, Travis remains passionately committed to protecting the rights of the innocent.

Areas we serve

The Tormey Law Firm LLC handles restraining order cases in Bergen County (Hackensack), Morris County (Morristown), Passaic County (Paterson), Union County (Elizabeth), Hudson County (Jersey City), Middlesex County (New Brunswick), Somerset County (Somerville), Sussex County (Newton), Essex County (Newark), Hunterdon County (Flemington), Mercer County (Trenton), Monmouth County (Freehold), Warren County (Belvidere), Ocean County (Toms River), Burlington County (Mount Holly), and throughout NJ.

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