95% of all domestic violence (DV) complaints in NJ are based on harassment or terroristic threats - not physical injury. DV is not simply putting your hands on your partner but is the threat of violence, the fear caused by punching your fist through the wall & engaging in behavior designed to alarm or intimidate her. Your inquiry though asks whether you can move to have her restraining order vacated because you never physically touched her. It sounds like you appeared before the court without a proper education on what proofs were needed to enter an order against you. So, the idea of filing an application with the court to suggest that the entry of that order was wrong because you didn’t physically touch her does not sound like it has any likelihood of success. But there is another potential option available. You can file an application with the court to vacate the order if your ex does not oppose it. You need to obtain a copy of the transcript of the original court proceeding & the complaint filed against you. You need to provide that information to the court & you need to show the court why it is safe to vacate the order - starting with your ex acknowledging that she is no longer afraid of you. If she is not willing to do so, then you will need to wait a number of years to file it; which application needs to show that you have gone on with your life, there have been no incidents between the 2 of you, you have no other complaints against you by anyone else & that you no longer pose any danger to your ex. & again, you need to supply the court with the original transcript of the court proceeding & the complaint.
Answered on Sep 04th, 2020 at 11:58 AM