The consequences of a Final Restraining Order (FRO) often extend beyond the no-contact order imposed between the parties involved. Individuals with an FRO entered against them are not permitted to have weapons, may be required to attend mandatory counseling, and can even be charged criminally if the Order is ever violated. Moreover, people with FROs against them may have difficulty seeking employment or professional licenses as all FROs are public records.
Once a FRO is entered, its effects are permanent unless ultimately dismissed by Court Order. According to N.J.S.A. § 2C:25-29d, a Superior Court Judge may modify or dismiss a FRO upon a showing of good cause. However, the Statute neglects to define what constitutes as good cause, leading the Court and Attorneys to turn to New Jersey case law for a proper interpretation. The landmark case establishing the “good cause” standard adopted by New Jersey Courts is Carfagno v. Carfagno, 288 N.J. Super. 424, (1995).
The Carfagno case established eleven factors for the Court to consider when determining whether an FRO should be dismissed. The relevant factors are as follows:
- Whether the victim consents to dismissal,
- Whether the victim fears the defendant,
- The current relationship between the parties,
- The number of contempt convictions,
- Defendant’s abuse of drugs or alcohol,
- Whether the Defendant is violent with others,
- Whether the Defendant has attended counseling,
- The age and health of the Defendant,
- Whether the Plaintiff is acting in good faith by opposing the Defendant’s request to dissolve the FRO,
- Whether there are any other restraining orders against the Defendant, and
- Any other relevant considerations regarding the potential for dismissal.
If you currently have a Temporary Restraining Order filed against you or are struggling with the consequences imposed by a FRO and would like to petition for dismissal, don’t go at it alone! Call the Law Office of Gregory C. Dibsie at (856)-227-4025 for expert legal assistance.
Written by: Kaitlyn E. Dibsie, Esq.