Legal Question in Family Law in New Jersey

Restraining order

I filed for a restraining order on my fiance on friday. The state pressed assault charges against him. I no longer feel he is a threat and he or his child have no where to live. Can i drop the tro? What about the charges?


Asked on 11/13/06, 9:12 am

3 Answers from Attorneys

Gary Moore Gary Moore Attorney At Law

Re: Restraining order

You can drop the restraining order by appearing in Court and advising the judge that you want same. You will sent to a counselor to make certain that you are not acting under some compulsion or threat and then you will return to the court room so that the judge can dismiss you domestic violence complaint. As for the criminal charge the prosecutor must agree to drop same after consulting with the police officer. In a criminal case the state is the plaintiff and you are a witness.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 11/13/06, 11:08 am
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Restraining order

Mr. Moore has already answered your question with regard to the TRO. With regard the charges, call up the police and ask to drop the charges. However, you need to keep in mind that there are a ton of people in your exact situation and some police can get very angry. I've even had prosecutors inform me that if the wife/girlfriend fails to testify, they will press charges against her and drop the ones against the husband/boyfriend.

So, I would call the police and/or prosecutor to see if you can make any progress. If not, I suggest getting an attorney for your husband as it is going to be very difficult to avoid anyone getting convicted of something in the end.

My initial consultations are always free, so feel free to call me at 732/247/3340 and we can discuss your situation.

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Answered on 11/13/06, 11:16 am
Robert Davies The Davies Law Firm, P.A.

Re: Restraining order

I have read what the other attorneys have written, and as usual Jef and Gary are quite correct.

I do not have additional legal advice. I will say this:

You are one of hundreds of women who get battered and then, for very complex reasons, drop all charges.

Please get some mental health assistance; ask the people at the courthouse, most counties have an assistance program. Do not just drop the charges and let it go at that.

Good luck to you.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 11/13/06, 12:49 pm


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