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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. |
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A restraining order is an order issued by the court that is intended to protect a victim of domestic violence from a defendant with whom the victim has or had a relationship. |
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Relief could include the following prohibitions:
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If the FRO is dismissed, the plaintiff can request a new order to continue the child support. |
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A victim of domestic violence is a person who is 18 years of age or older, or who is an emancipated minor. The victim has suffered domestic violence by one of the persons listed below.
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You might choose to hire an attorney, but an attorney is not required for either party. Bring anything you want the court to consider. This could include the following:
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What crimes are covered by the 1991 Prevention of Domestic Violence Act (PDVA)? Domestic violence occurs when one of the crimes listed below is committed against a person protected under the 1991 Prevention of Domestic Violence Act (PDVA). The crimes are listed below.
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The parties may not attend counseling together if there is an order in effect. There is no mediation of any kind if there is a restraining order in effect or a history of domestic violence. |
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A person can file in the county
Go to the Domestic Violence Unit of the Superior Court Family Division at the county courthouse. Offices are open every weekday from 8:30 a.m. to 3:30 p.m. |
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The judge could issue an FRO against the defendant, if there is proof of service or testimony that the defendant was aware of the hearing date. If there is no proof that the defendant has been served, a new date might be scheduled, and the TRO will remain in effect. A law enforcement officer will serve the defendant with a copy of the final order. |
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The parties must have had a specific relationship at present or in the past. The gender of the parties is not a factor. The relationships are listed below.
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FROs do not expire in New Jersey. Additionally, the Full Faith and Credit provisions of the Federal Violence Against Women Act requires all states, US territories and commonwealths to enforce restraining orders. This means if you leave New Jersey, your order is enforceable in every state, US territory, and commonwealth. Keep the order with you at all times. |
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The victim can choose to file a criminal complaint with the police. If the victim chooses not to file a complaint, the police are required to file a criminal complaint if there are visible signs of injury. |
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The restraining order is divided into two parts: Part 1 contains restraints against contact. If the defendant does not comply with Part 1 of the order, the plaintiff can go to the police station and sign criminal charges. Part 2 deals with financial and parenting issues. If the defendant is not complying with Part 2 of the order, it must be enforced through family court. Domestic violence matters are serious. If you are unsure about any aspect of a restraining order, you should call the police or contact the family court. |
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Under the PDVA, the defendant must be 18 years old OR the defendant is a minor who is considered emancipated for one of the reasons listed below.
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