In New Jersey, if you have applied to the court for a restraining order due to domestic violence, this is typically a significant legal step that can effectively restrict the other party from approaching or contacting you in both the short and long term. However, in real life, some applicants may change their minds after calming down and wish to withdraw the previously filed restraining order. So, if you filed for a restraining order in New Jersey but now regret it, can you withdraw it? How should you proceed? This article will provide you with detailed answers.
- Two Types of Restraining Orders
In New Jersey, restraining orders are divided into two stages:
- Temporary Restraining Order (TRO) This is the restraining order issued by a judge after you first report to police or apply to the court, usually issued without the defendant being present in court. A TRO takes effect immediately, and within a few days, a hearing will be scheduled to determine whether it should become a final restraining order.
- Final Restraining Order (FRO) After the hearing, if the judge believes there is sufficient evidence of domestic violence, they will issue an FRO. Once issued, an FRO is permanently effective unless the court proactively or upon application withdraws it.
- I Regret Filing for a Restraining Order – Can I Withdraw It?
Whether you can withdraw a restraining order depends on which stage your case is in:
Situation 1: You Are Still in the Temporary Restraining Order (TRO) Stage If you have only applied for a TRO and haven’t yet had a court hearing to determine whether to issue a final restraining order, you can:
- Request the family court to withdraw the TRO
- Usually a brief hearing will be scheduled for the judge to confirm that your decision is voluntary and not the result of threats or coercion
- If the judge is satisfied with your reasons, they will formally withdraw the TRO and the case will end
Note: The court does not automatically approve withdrawals, especially if you have repeatedly applied and withdrawn in the past, or if it appears you are being threatened.
Situation 2: You Have Already Obtained a Final Restraining Order (FRO) If the court has already issued a final restraining order, the withdrawal process is much more formal and complex:
- You must file a Motion to Vacate FRO with the court
- The court will schedule a hearing where you must explain to the judge:
- Why you want to withdraw it
- Whether you are currently safe
- Whether the decision to withdraw is voluntary
- Whether the defendant has engaged in any new violent or threatening behavior
- The judge will make a decision based on multiple factors, referencing the famous Carfagno v. Carfagno case, including:
- Whether the defendant has complied with the FRO
- Whether you and the defendant still have contact
- Whether you are in danger
- Whether the restraining order is still necessary
This is not an automatic approval process, and the judge always considers your safety as the primary concern.
- Important Considerations When Withdrawing a Restraining Order
- You cannot unilaterally “void” a restraining order. It must be formally withdrawn by the court.
- Even if you don’t cooperate with court proceedings or express that you don’t want to continue prosecution, the defendant may still be convicted for violating the order.
- If the restraining order is withdrawn, the defendant will no longer be restricted by the order. You must ensure you are in a safe environment.
Disclaimer: This column is for reference only and does not constitute legal advice. For guidance regarding your specific situation, please contact 201-461-0031, WeChat: songlawfirm, or arrange a consultation via email at mail@songlawfirm.com.
