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  1. #1
    Join Date
    Jul 2012
    Lexington, Kentucky, United States

    Default How to Get a Court to Dismiss a Family Restraining Order

    My question involves restraining orders in the State of: NJ

    I recieved a FRO issued from NJ while residing 700 miles away as a result of sending my now ex wife a text message callikng her the Biggest Fattest F.... C... I have ever known and want nothing to do with her after being sepperated 7 months.

    There were no prior instances of DV. I had just found out that she lied to me and I was upset. I sent her a few text messages. Her attny says (70) within a 12 hour period. She also stated that I threatend her Physically. This is untrue and I can now proove it. I have the whole conversation with dates and times. The actual conversation stemed over a 30 day period (70) with her responding to my text. At the hearing we only had her text that she forwarded to her email.

    It has been almost 24 mo. sinced issued without 1 violation. I can assure I will never send her another text.

    My question is; "how do you proove substantial change"

    I believe I can proove all the 11 factors of Judge Dilts in Carfagno v. Carfagno, 288 N.J. Super. 424 (Ch. Div. 1995)." Id. at 607. Specifically,(9) whether the victim is acting in good faith when opposing the defendant's request

    She gained a legal tatical advantage by obtaining a FRO. There should be penalities for filling a False claim

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: How to Get a Court to Dismiss a Family Restraining Order

    She petitioned for the order and then... you requested a hearing on the order? You didn't respond to the petition, so the court entered it as unopposed?

    A motion to dismiss an order is not a retrial - if your ex- agrees that you have not been in contact for two years, and the only incidents she originally pointed to over the entire history of your relationship are the @12 hour period at issue, it sounds like you're in a good position to get the order dismissed. Assuming she opposes dismissal, whether or not her opposition can be said to be in good faith is going to depend upon the reasons she states for why the order should be continued.

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