QUESTION

Can I get a F.R.O over turned in New Jersey if the police report states there was no physical contact ?

Asked on Sep 03rd, 2020 on Domestic Violence - New Jersey
More details to this question:
My fiancée and I split up 3 years ago we argued I punched a hole in the wall and left she called cops the cops then called me. And said I had to stay away from property the report says no physical contact was reported which there wasn’t my fiancé then got involved with organization called women’s group and a week later she brought in a picture of a bruise on her arm that her brother took not the police needless to say judge gave her FRO and the last 3 years has been hell trying to see my daughter we have together
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1 ANSWER

Divorce Attorney serving Short Hills, NJ at Diamond & Diamond, P.A.
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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

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