When the plaintiff wants to dismiss a restraining order

It doesn’t take long for a disagreement between a couple to escalate, and physical violence is a possibility when tempers flare. In some cases, these incidents can result in one party getting a restraining order against the other. While it’s important to abide by all terms of the restraining order as it stands, it’s also important to talk with a family law attorney as soon as the authorities get involved to ensure you understand your options and rights.

Sometimes, the party who filed for the restraining order later changes his or her mind and wishes to either modify the order or dismiss it all together. Technically, either party can request that the order be changed or dismissed. These requests must got before the judge, and the person requesting the change must appear in person.

Unfortunately, in some cases, false allegations of domestic violence may be made, and when the situation deescalates later on, the parties may end up reconciling. If you have a restraining order against you, it is very important to understand that just because you and your partner make up, your partner initiates communication or he or she invites you over to the house does not mean the restraining order is not still in effect. The plaintiff must formally request that the restraining order be dismissed, but even if this happens, it is not guaranteed that the judge will agree.

The circumstances surrounding a restraining order may also mean that the defendant ends up criminally charged in relation to the incident. If this is true, it’s important to understand how the outcome in the criminal courts could affect other areas of your life.

Source: New Jersey Courts, “The Prevention of Domestic Violence Act: A Guide to the Most Frequently Asked Questions,” accessed July 24, 2015