4.19.5 Request to Reopen Dismissed Matter by the Plaintif

4.19.5 Request to Reopen Dismissed Matter by the Plaintiff - If there is no new act of domestic violence since the filing of the initial Complaint/TRO and the plaintiff seeks to reopen a TRO or FRO which has been dismissed, a notice of motion must be filed pursuant to Rule 4:50-1.

Once the application has been filed, the case is only opened for the purpose of scheduling the motion hearing. The restraining order is still dismissed on FACTS and the DVCR.

An application to reinstate the Complaint/TRO and restraining order does not “activate” the restraining order. The order is not activated until and unless both parties are notified, the court reviews the file, conducts a hearing, makes findings and then reinstates the order.

At the hearing, the judge may reinstate the order or let the dismissal stand. If reinstated, the status of the order would be “active” in FACTS and on the DVCR.

4.19.6 Request to Reopen Due to Duress

When a plaintiff seeks to reopen a domestic violence matter that [s]he has withdrawn or asked to have dismissed, and alleges that [s]he made such a request because [s]he was put in fear by the defendant of proceeding with the case, a new complaint shall be taken. The original allegations of violence, coupled with the threats or other acts of duress, should be listed on the new complaint.

IV - 284.19.7 Conditional Dismissals - The conditional dismissal of a domestic violence Complaint/TRO or FRO is prohibited. Whether done at the request of the plaintiff, with the agreement of the defendant, or at the discretion of the judge at the end of trial, conditions may not be imposed on the dismissal of a Complaint/TRO or FRO. That is, no TRO/FRO shall be dismissed conditioned upon either party performing any specific act or upon the occurrence of any particular event.