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  #1  
Old 11-03-2009, 11:25 AM
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Dropping a Temporary Restraining Order in NJ

What is the name of your state (only U.S. law)? NJ

I recently filed for and was issued a temporary restraining order against a now ex-boyfriend who was charged with assault due to injuries detected by the police. There has been no attempt by the defendant to contact or harass me and I am now leaving the town in which we both live. He will not know my new address and I am not in fear of being harmed by him.

I want to know what the process is to dismiss the court date we have to obtain the full restraining order. I believe the decisions made at the time of the incident were based on emotion and not true fact and that I am not in need of placing this legal restraint against him.

Anyone with experience on this in NJ, advice is appreciated.What is the name of your state (only U.S. law)?
  #2  
Old 11-03-2009, 11:41 AM
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Quote:
Originally Posted by ld13 View Post
What is the name of your state (only U.S. law)? NJ

I recently filed for and was issued a temporary restraining order against a now ex-boyfriend who was charged with assault due to injuries detected by the police. There has been no attempt by the defendant to contact or harass me and I am now leaving the town in which we both live. He will not know my new address and I am not in fear of being harmed by him.

I want to know what the process is to dismiss the court date we have to obtain the full restraining order. I believe the decisions made at the time of the incident were based on emotion and not true fact and that I am not in need of placing this legal restraint against him.

Anyone with experience on this in NJ, advice is appreciated.What is the name of your state (only U.S. law)?
there is no process. only the DA has the authority to request a dismissal.

you can move. the restraining order will not impact you.
  #3  
Old 11-03-2009, 11:46 AM
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Thank yuo for your response.

If the court date cannot be dismissed, then how would one go about a request to dismiss the request for the full order? I do not want to proceed with the request and have been advised that you cannot simply skip the court date.
  #4  
Old 11-03-2009, 11:53 AM
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Originally Posted by ld13 View Post
Thank yuo for your response.

If the court date cannot be dismissed, then how would one go about a request to dismiss the request for the full order? I do not want to proceed with the request and have been advised that you cannot simply skip the court date.
only the DA requests a dismissal. or the defendant's attorney. the witness cannot do anything.

if the witness (you) is subpeonaed, then you are bound to attend the hearing. or have a warrant out for your arrest.
  #5  
Old 11-03-2009, 11:54 AM
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Not the witness...the victim.
  #6  
Old 11-03-2009, 12:01 PM
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Quote:
Originally Posted by ld13 View Post
Not the witness...the victim.
As the victim, that would make you the primary witness.
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  #7  
Old 11-03-2009, 08:49 PM
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Quote:
Originally Posted by ld13 View Post
What is the name of your state (only U.S. law)? NJ

I recently filed for and was issued a temporary restraining order against a now ex-boyfriend who was charged with assault due to injuries detected by the police. There has been no attempt by the defendant to contact or harass me and I am now leaving the town in which we both live. He will not know my new address and I am not in fear of being harmed by him.

I want to know what the process is to dismiss the court date we have to obtain the full restraining order. I believe the decisions made at the time of the incident were based on emotion and not true fact and that I am not in need of placing this legal restraint against him.

Anyone with experience on this in NJ, advice is appreciated.What is the name of your state (only U.S. law)?
Exactly who filed?
Did you file on your own in civil court, or did the DA file as part of a criminal case?

If you filed on your own and the ex does not have any charges pending you should be able to file a simple motion requesting that the temp order not be made permanent by explaining that you are moving and are no longer in fear of the defendant.

Beyond that, are you sure that you do not want the order to be made permanent?
In other words, what is the harm to you by allowing the order to continue?
  #8  
Old 11-04-2009, 07:12 PM
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Thank you. This is what I needed to know.

There is no case or charges pending. I was encouraged to file for the temp as my ex was going to continue to live in town and I was fearful at the time of running into him.

What's the harm...there is none. However, I truly do not feel that there will be any further communication or interaction between us. These orders are for those who are in fear. Though i am hurt and saddened that this instance occurred, it is not something that I am fearful will happen again.

This has been a most interesting study into the world of relationships.

My best to anyone going through something similar.
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