How to Get a Restraining Order Dismissed in New Jersey
Domestic violence is a serious issue that carries with it severe penalties. Abusing or threatening to harm a loved one within the sanctuary of their home can cause undue trauma and upset for the person being abused and for the other members of the household. Unfortunately, domestic violence allegations are often lobbed against a spouse in the heat of a divorce or custody battle. The accuser hopes to gain an upper hand in the custody battle if they say that their partner is an abuser. But in other cases, the underlying crime of assault sprang from a domestic disagreement that got out of control rather than a pattern of physical, psychological or verbal abuse.
Because just the accusation of domestic abuse carries negative consequences, if you are facing charges it is vital that you engage the services of an experienced criminal defense attorney. You need a strong advocate in your corner to defend your interests.
In the heat of anger after an angry altercation when the victim was angry and upset, they requested a restraining order against the aggressor. Now, both parties have reconciled and the victim is no longer pressing charges, how does one get a restraining order lifted? This is an area where one must tread carefully because knowingly violating the terms of a domestic violence restraining order will be in criminal contempt, which is a crime of the fourth degree in New Jersey with a penalty of up to 18 months in prison and a $10,000 fine.
If the defendant wants to get the restraining order dismissed, they should work with an attorney who will request an appointment with the Family Division of Superior Court for the dismissal of the final restraining order. A court date will be scheduled, but, again, the defendant must not contact the plaintiff, which would be in violation of the order. The judge will look at the circumstances that brought about the filing of the restraining order and the 11 factors to determine if the defendant has established good cause to dismiss the order. The defendant must prove that they are no longer a danger to the plaintiff.
Domestic violence is a complex issue and the penalties for conviction are getting increasingly severe as the issue has come more into the forefront of media attention in the wake of the recent NFL scandals. Talk to a competent New Jersey domestic abuse attorney from the Law Office of David J. Glassman who understands the difficult circumstances you face when confronted with domestic abuse allegations. We are prepared to help you with the most innovative legal defense strategies available.