Request to Reopen Due to Duress

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When a plaintiff seeks to reopen a domestic violence matter that [s]he has withdrawn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 - 28

IV - 29

4.19.7 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.

4.19.8 Dismissal of TRO for Failure of the Plaintiff to Appear at Final Hearing