4.19.4 Dismissal of FRO at Request of the Defendant NJ

4.19.4 Dismissal of FRO at Request of the Defendant NJ

- An FRO may be dissolved upon “good cause shown,” N.J.S.A. 2C:25-29(d). A request by the defendant for dismissal of an FRO shall be brought to the court by Notice of Motion accompanied by an appropriate certification and brief. Service of the motion and supporting documents on plaintiff shall be through the Family Division and not served directly by the defendant. The motion shall be heard by the judge who entered the FRO if that judge is available. If that judge is not available, the motion shall be heard by another judge who shall read and consider the transcript of the final hearing and the findings by the original judge. The transcript, where needed, shall be provided by the defendant.

The court shall consider the following as part of the determination of whether the defendant has established good cause to dissolve the FRO:

A. As required by N.J.S.A. 2C:25-29(b)(5), determine whether the defendant attended and completed all court ordered counseling. If not, the motion must be denied.

B. Past history of domestic violence. If no findings were made by the court at a final hearing regarding any past history of domestic violence, the record may be supplemented with regard to such past history.

C. Any other factors the court deems appropriate to assess whether the defendant has shown good cause that the FRO should be modified or dissolved.

D. To protect the victim, courts should consider a number of factors when determining whether good cause has been shown that the FRO should be dissolved upon request of the defendant, including:

(1) Whether the victim consented to dismiss the restraining order;

(2) Whether the victim fears the defendant;

(3) The nature of the relationship between the parties today;

(4) The number of times that the defendant has been convicted of contempt for violating the order;

(5) Whether the defendant has a continuing involvement with drug or alcohol abuse;

IV - 27(6) Whether the defendant has been involved in other violent acts with other persons;

(7) Whether the defendant has engaged in counseling;

(8) The age and health of the defendant;

(9) Whether the victim is acting in good faith when opposing the defendant's request;

(10) Whether another jurisdiction has entered a restraining order protecting the victim from the defendant; and,

(11) Any other factors deemed relevant by the court.

The court shall make reasonable efforts to find and notify the plaintiff of the request for dismissal, but unless good cause is shown, the court cannot hold a hearing on this application unless the plaintiff is given notice and an opportunity to be heard.