Removing a New Jersey Domestic Violence Restraining Order
In New Jersey, domestic violence final restraining
orders remains in place forever, unless the Order is lifted (“vacated”) by a
subsequent court order. A plaintiff alone may not free the defendant of his or
her obligation to comply with the order. Passage of time, even many years, does
not undo the order. Many times a plaintiff invites the defendant to resume
their former relationship and ignore the order. Such invitations are often made
in good faith. Sometimes, however, it is just a trap. Regardless, it is very
dangerous. Unless the court has vacated the order, a defendant still risks
arrest and criminal charges for violating the order. And even when the
plaintiff extends that invitation in good faith, a later argument, or souring
of the relationship, or even a complaint by a meddlesome mother-in-law, or new
boyfriend / girlfriend gives the plaintiff, plaintiff's family members, and
others a huge sledgehammer to use against the defendant.
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