Once a New Jersey court issues a protection order, it is difficult to dismiss it. The procedures are complicated and require extensive documentation. However, the Law Offices of SRIS, P.C. has experience handling similar cases and can put forth your protective order dismissal before the judge. Being a civil matter it is brought before the Family Division in the state where the act of domestic violence happened or the place of residence of the parties.
Contact our lawyers immediately if you want assistance to dismiss order of protection New Jersey. Our lawyers have handled hundreds of cases pertaining to Dismiss order of protection. The Law Offices of SRIS, P.C. has a wealth of resources; walk into our office for a consultation.
Is there a possibility to dismiss order of protection NJ?
There are fewer options to dismiss order of protection. They are listed below:
- The victim drops the protective offer as their safety is no longer in jeopardy. It is a rare scenario and comes across after numerous negotiations with the victim to give them the confidence that the abuser will no longer trouble them. Hire our lawyers if you do not want to be labeled a domestic abuser.
- If you can convince the judge during the final court hearing that the allegations are baseless, there is no threat of domestic violence, so a protective order is unnecessary.
- Suppose you fail in the above exercise to convince the judge to dismiss order of protection. In that case, the other option left is moving the Superior Court ruling to the Appellate Division. To overcome this, you can file a petition stating that the finding of the previous judge was erroneous. The Appellate Division can dismiss the NJ order of protection if they are convinced with your argument.
- If none of the above works, you can dismiss order of protection New Jersey, stating that there is a “substantial change of circumstances” and the protective order is unnecessary now.
The protective order is a civil matter, and proving the charges is based on the preponderance of the evidence. In most states, the final protective orders are granted until a time period and need to be renewed.
What is Second Chance Dismissal?
For those domestic assault offenders looking for forgiveness, there is a provision in the New Jersey code for Second Chance Dismissal. The N.J.S.A. 2C:25-29 allows for a second chance to dismiss the order of protection New Jersey. The changes can be made by the same judge who implemented the order. If the same judge is unavailable for a hearing, another judge can file a New Jersey Order of Protection after reviewing the original hearing.
Factors the court considers to dismiss order of protection New Jersey:
The court considers the following factors to dismiss order of protection:
- The opinion of the victim on the dismiss order of protection.
- If the victim still lives in fear of attack or abuse, the court verifies if the threat is objectively reasonable.
- The current relationship status of the victim and the abuser
- If there is any contempt of the charges
- If the offender takes drugs or alcohol
- If the offender was involved in any act of violence while on protective order
- Whether the perpetrator completed the orders for counseling
- The age and health of the perpetrator
- Whether the victim has good faith in the perpetrator
- If there are any additional protective orders on the offender
- Any reasonable factors are best left to the discretion of the court.
The court may not consider the number of years since the final protective order was given to dismiss the order of protection in New Jersey. Instead, the judge’s decision is focused on the events, if there are any changes to the situation since the occurrence of the violence, and the potential risk to the safety of the victim.
How important is the role of a domestic violence lawyer?
Those subjected to a temporary protective order should retain an experienced attorney to work to dismiss order of protection New Jersey in the upcoming hearing. It is the same for the final protective order as well. Our domestic violence lawyers understand how the court assesses and determines the proceedings. You can also get some details regarding New Jersey Expunge Order of Protection, by booking an initial consultation with us. We are here to help you; contact us now! We are just a call away.