Legal Question in Family Law in New Jersey

Final Restraining Order

My husband has a ''falsified''final restraining order against him by his ex-wife which includes their daughter from 2001. they live in new jersey, we are in queens, ny. We went through the whole supervised visitation through the NJ court-they rarely showed up and my husband stopped going, went back to court-still in their favor. She has since remarried and her new hubby is in jail for trying to kill her-she is leaving the country and leaving the daughter behind with her sister in new jersey. she wants my husbands parents (in brooklyn, ny) to take the daughter for the summer until she comes back. The address on the restraining order is my in-law's house address they live only 10 miles away from us-can the daughter still go there? Ex-wife refuses to go to court to remove order-what can we do to get this order lifted without her being there-she will be in the dominican republic? what will happen if my husband sees his daughter (violates the order)? his daughter (15) wants to see us and knows her mother is a liar and is leaving her behind once again-she knows her dad does not pose a threat to her in any way.


Asked on 5/07/07, 2:13 pm

1 Answer from Attorneys
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Final Restraining Order

You need to file a motion to vacate the RO. These are very tricky and there is a lot of legal issues that court has to consider. Thus, I strongly suggest you at least consult with an attorney before doing anything.

My initial consultations are always free, so call me at 732/247/3340 to discuss your case.

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Answered on 5/07/07, 2:48 pm


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