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What happens if the plaintiff wants to dismiss or modify an existing Restraining Order?

Question and Answer

What happens if the plaintiff wants to dismiss or modify an existing Restraining Order?

Any request to dismiss or make changes to an existing order must be done in person and heard before a judge. Restraining orders cannot be dropped or modified by telephone.

If the plaintiff reconciles with the defendant, it does not mean an automatic dismissal of an order. If the plaintiff wishes to reconcile with the defendant, the plaintiff must appear before a judge in the Family Division of Superior Court to request a dismissal.

Contact between the plaintiff and defendant in advance of a court order subjects the defendant to criminal prosecution. If the restraining order is dismissed, there still might be pending criminal charges that need to be addressed separately in the appropriate municipal or criminal court.