After a Final Restraining Order (FRO) is issued for domestic violence, the parties cannot be in the same place together.
If the victim who has a Final Restraining Order approaches the Defendant or instigates conflict (such as a wife calling her husband names or going to where he is when he has parenting time), she risks him filing a Complaint against her and the Court granting the husband a dismissal or modification because it may show that she is not afraid and does not believe she needs protection.
What happens when the FRO is not workable or creates unforeseen problems later on with employment, issues with the children or is a detriment years later when circumstances have changed?
Sometimes people reconcile but never go to Court for an Order to dismiss the Final Restraining Order. If they wish to become foster parents, the Final Restraining Order is an impediment and the FRO needs to be dismissed.
A victim or the Defendant can make an application to dissolve a FRO. The Court will grant the application if the victim consents to it.
The Court will consider whether the victim fears the Defendant; the nature of the relationship of the parties today; the number of times that the Defendant has been convicted of contempt for violating the order; whether the Defendant still abuses drugs or alcohol; whether the Defendant has been involved in other violent acts with other persons; whether the Defendant has engaged in counseling; the age and health of the Defendant; whether the victim is acting in good faith in opposing the Defendant’s request; whether another jurisdiction has entered a Restraining Order protecting the victim from the Defendant; or any other factors that the Court considers relevant.
Tanya N. Helfand, Esq. handles Family Law in NY and NJ, Bankruptcy. Her firm also handles, Municipal Court defense, Worker’s Compensation and Department of Child Protection and Permanency parental representation. We have a free ½ hr. consultation. She is a Certified Matrimonial Attorney and mediator. The firm welcomes your questions and inquiries at [email protected]. Everything is confidential. This article is not legal advice. Please consult an attorney.