Motion for Reconsideration on a Final Restraining Order (FRO)

A New Jersey Domestic Violence Final Restraining Order is ‘forever’. It has no ‘half-life’, and no automatic termination date. In some States, these types of Orders have a limited period of duration – typically of a several-year period. Once that time expires, the Order from that other State expires. In New Jersey, the FRO continues indefinitely. There are steps that can be taken to ask the Court to eliminate the Order, such as by filing a Motion for Reconsideration. These types of applications need to be supported by information establishing that the Order has ‘outlived’ the need for the Order as it was originally issued. In many cases, a ‘Risk Assessment’ is helpful to address any ‘anger’ issues raised as a basis for the Order to have been issued in the first place. motion for reconsiderationCompliance with all terms of the FRO is essential, with no reported violations. The Court requires that the entire transcript of the proceeding where the FRO was initially issued, be provided so the reviewing Court can understand what the issues and concerns were that were the basis for the Order to be issued in the first place. In essence, to file a motion for reconsideration you will need to provide the Court with a complete legal and factual basis for the Court to conclude that the Order is no longer needed.

SPECIALIZING IN CRIMINAL DEFENSE THROUGHOUT NEW JERSEY

Howard W. Bailey, Esq.
550 Broad Street, Suite 601
Newark, NJ 07102
973-982-1200

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