Final Restraining Order In Nj
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FAQ
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.
Whatever the reason, the victim has the right to request the motion to be vacated. The second way the final restraining order may be lifted is through the request of the defendant. If a defendant wants the final restraining order lifted, he or she must file a motion with the Superior Court, Family Division.
Final restraining orders in New Jersey do not expire and show up in a background search indefinitely. Restraining orders are also civil rather than criminal in nature.
Under the law you may actually file a motion for dismissal of a Final Restraining Order in the Superior Court and have a new hearing where a judge can review the facts of the case and determine whether the original restraining order is still necessary.
In New Jersey, you have 45 days to appeal a Final Restraining Order decision. With the help of your attorney, you must present valid grounds for requesting an appeal.