What happens at a restraining order hearingin a domestic violence case?

UPDATED: Feb 20, 2012

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What happens at a restraining order hearingin a domestic violence case?

I’ve been married for 13 years with 3 kids. My husband attacked me and tried to choke me. The cops were called and they arrested him. I did not file charges on him but took out a temporary restraining order. I have to go to court for a final hearing about the restraining order. He is not a violent person, so I am planing on removing the restraining order but would like to know what would happen next?

Asked on February 20, 2012 under Criminal Law, New Jersey


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you plan on asking that the restraining order presently in place against your husband be removed at the upcoming hearing, most likely the court will allow your request and the order will be removed.

However, if law enforcement believe that the removal of the restraining order will not be in your or your children's bests interests, the court may not allow it to be removed and convert it to an emergency protective order.

Assuming the restraining order is removed, your husband may have contact with you and your children and not be in any violation of a court order.

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