Dissolution of Final Restraining Orders in New Jersey

Unlike in almost every other state, New Jersey Final Restraining Orders (FROs) never lapse, and can only be dissolved pursuant to an application to the court. While it is not easy for a defendant to seek to dissolve some, it is possible provided you present a clear, cohesive reason to the court, and it’s important to know how to do so.

Pursuant to our Domestic Violence Statute, courts dissolve or modify an FRO upon good cause shown.  “Good cause” is typically a low standard, and for modifying an FRO that can certainly be true, but our case law on this issue has given “teeth” to this standard and makes it difficult to dissolve a restraining order in the name of providing victims maximum protections against domestic violence.

First, our courts have made clear that in order to dissolve an FRO, a litigant must show a change in circumstances whereby the continued enforcement of the injunctive process would be inequitable, oppressive or unjust.

From there, the court considers 11 factors when dissolving an FRO:

1. Whether the victim consents to lifting the FRO.
2. Whether the victim fears the defendant.
3. The nature of the relationship between the parties today.
4. The number of times the defendant has been convicted of contempt for violating the order.
5. Whether the defendant has a continuing involvement with drug or alcohol abuse.
6. Whether the defendant has been involved in other violent acts with other persons.
7. Whether the defendant has engaged in counseling.
8. The age and health of the defendant.
9. Whether the victim is acting in good faith when opposing the defendant’s request.
10. Whether another jurisdiction has entered a restraining order protecting the victim from the defendant.
11. Any other factors deemed relevant by the court.

It is important, on both sides of these applications, not to treat them as perfunctory. A victim opposing such a request must emphasize New Jersey’s strong public policy aimed at protecting victims of domestic violence and should lay out clear reasons the FRO should remain in place. That may include re-emphasizing the basis for the FRO in the first place, and also discussing any reason the parties have for continued close contact in the future.  Defendants, on the other hand, should focus on any unintended consequences of the FRO that suggest same is inequitable, oppressive or unjust. They should also emphasize, if present, the nominal or non-existent contacts between the parties that still exist, and what efforts Defendant has made since the FRO was entered to re-assure the court that dissolving the FRO will not change the (lack of) relationship between the parties.

Ultimately, these applications are very important for both victims of domestic violence and defendants who have FROs against them they are seeking to dissolve, and it is important that you have the right legal team backing you to address these matters.  If you are seeking to dissolve an FROr or are a victim seeking to oppose such dissolution, contact our legal team today to get the help you need to best serve your case.