REQUESTS FOR DISMISSAL OR REOPENING of DV

REQUESTS FOR DISMISSAL OR REOPENING of DV

4.19.1 Withdrawals of Complaint/TRO by the plaintiff - When a victim seeks to withdraw a

civil Complaint/TRO after a TRO has been entered but prior to the entry of a final

order, the victim should do so in person and before a judge. When the request is

made by telephone, the victim should be directed to come to the courthouse and

report to the domestic violence unit. Whether the request is made in person on a

walk-in basis or on the scheduled final hearing date, the victim should be directed to

the appropriate domestic violence staff person or intake. Victims do not need to wait

until the final hearing to request a dismissal.

Where a municipal TRO was issued and the paperwork has not reached the

Family Division, the staff person should contact the police to obtain information

about the Complaint/TRO, preferably receiving a FAXED copy. The matter must be

docketed and a file prepared prior to the matter being brought before the judge.

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A victim advocate should be available to speak to the plaintiff, in person or

by telephone. Where this is not possible, the staff should make the plaintiff aware of

the existence of an advocate along with a name and telephone number, preferably in

writing.

A professional staff person is to meet with the victim to ascertain that:

A. The victim has read and understood “What Dissolving a Restraining Order

Means” (See Appendix 12);

B. The victim has not been coerced or placed under duress to withdraw the

Complaint/TRO;

C. The victim understands the cycle of domestic violence and its probable

recurrence;

D. The victim is aware of the protective resources available through the court

and the local domestic violence program, especially with regard to housing

and court-ordered emergency custody and support;

E. The victim clearly understands that withdrawal of the Complaint/TRO and

dismissal of the TRO will eliminate the protections that had been issued;

F. The victim is aware that such withdrawals, while they should not be done

without careful thought, are not prejudicial if [s]he should need to seek

protection in the future; and

G. The victim is informed that any parallel criminal matters are separate and

distinct and must be addressed in a separate venue. Victims should be

advised to discuss the matter with the appropriate prosecutor.

Once the victim has been counseled as described above, if [s]he wishes to

pursue withdrawal of the complaint, [s]he must fill out a Certification to Dismiss

Complaint/ TRO (See Appendix 13). The completed form should be placed in the file

and an available judge should be located. The victim should then be sent to the

appropriate waiting area.

The judge should complete a review of the file and certification and question

the victim, on the record, using the same procedure as a request for dismissal of a

final order.

After reviewing the file and the Certification to Dismiss, the judge should

review the above with the victim on the record. If the judge finds that the request for

withdrawal is an informed one and not made under duress, the withdrawal shall be

granted.

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When the complaint has been withdrawn and the TRO dismissed, copies of

the order of dismissal should be distributed to the plaintiff and any law enforcement

agency that received the TRO, and served on the defendant in the same manner as

the TRO, where it has been served, unless otherwise designated by the court.

Where the defendant was not served with the TRO, the dismissal shall not be

served on the defendant.