Dismissal of FRO at the Request of the Plaintiff

Dismissal of FRO at the Request of the Plaintiff

Upon good cause shown, any final order may be dissolved or

modified upon application to the Family Division of the Chancery

Division of the Superior Court, but only if the judge who dissolves or

modifies the order is the same judge who entered the order, or the

judge dissolving the order has available a complete record of the

hearing or hearings on which the order was based. [N.J.S.A. 2C:25-

29d]

A request for dismissal of a final order should be handled in the same manner

as a request for withdrawal of a Complaint/TRO (see section 4.19.2). The dismissal

must be requested in person, and before the judge who entered the order or a judge

who has available the complete court file, after the victim has been counseled

IV - 26

concerning her/his rights and the ramifications of a dismissal. The court should

determine whether an order for child support, custody and/or visitation was entered

as part of the FRO and if so, determine whether the victim wants the relief to

continue. If so, these provisions should be made part of an FD order, then and there,

without undue waiting and refiling by the plaintiff.