Dismissal of FRO at Request of the Defendant

Dismissal of FRO at Request of the Defendant - 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;

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(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.

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.