QUESTION

For terrorists threat restraining order, if the plaintiff does not appear does it get dropped?

Asked on May 09th, 2021 on Domestic Violence - New Jersey
More details to this question:
I did a restraining order on my kids father and he got locked up due to an warrant I'm guessing.
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2 ANSWERS

Criminal Defense Attorney serving Toms River, NJ at Edward J. Dimon
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The TRO remains in place until there is a FRO hearing with the father participating from jail via Zoom if required. You are protected and the rights of the father are protected. Please let us konw if you need legal help. Ed Dimon, Esq. 732-797-1600 ext 235
Answered on May 13th, 2021 at 9:41 AM

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Divorce Attorney serving Short Hills, NJ at Diamond & Diamond, P.A.
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There are several components to your question.  1. You are the plaintiff in the domestic violence matter - if you do not appear at trial, the court will reach out to you in an effort to find out why you are not present. If its your intent not to appear, then the court will dismiss the complaint. If it’s your intent not to pursue the complaint, then it may be easier for you to simply contact the domestic violence intake office in advance and tell them that you want to dismiss the complaint and they will have you sign forms for the dismissal. 2. As to your ex being locked up as a result of that incident, if there was any claim of physical violence against you (pushing, striking, etc), the local police department may have filed a separate criminal assault complaint against him "on your behalf" as a result of the information you provided to the officers. For purposes of the state proceeding with that complaint, you are the witness since the officer cannot testify since he was not present and has no firsthand knowledge of what occurred between the 2 of you. Again, if you do not want to testify against your ex, then you need to contact the prosecutor’s office (if a separate complaint was filed) and let them know that you do not plan to testify. 
Answered on May 10th, 2021 at 6:07 AM

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