How to dismiss a temp restraining order

Criminal Defense 2 views 2 answers
2 weeks ago I went to file a RO and the hearing officer granted me a TRO and gave me a court date a week later. The defendant and I both showed up but it was postponed because the defendant was "in the process of hiring an attorney". We are issued to come back in another month to see if the final RO will be confirmed but I am thinking about dismissing it. A few people told me if I just dont show up it will be dropped by ME but that the STATE can pick it up and try the defendant, due to the pictures (1 bruise on my arm) that they took the day I filed for the TRO. Is this true?

Attorney Answers

2
Charles Bennett PenwellDivorce / Separation LawyerWhitewater, WI ·
Your friends are correct, if you fail to appear the RO will be dismissed, however no matter if the RO is granted or dismissed the State is free to file criminal charges at the discretion of the prosecuting authority in your county.
0 upvotes
Howard Bailey ·
I agree with Mr. Penwell that the State can proceed, and subpoena you to appear. Once the ball has started rolling, you need something to stop it. I suggest that if you do not want this to proceed, that you go to Court and tell this to the judge. If the judge is convinced that you are not being forced to do this, the judge can dismiss it. DISCLAIMER This answer is not intended to, nor does it create an attorney-client relationship. It is not intended to constitute either legal advice or attorney advertising. Rather, given the nature of this website, it is offered solely for information purposes, for you to use as a starting point when speaking with a lawyer licensed to practice law in N.J. It is critical for you to consult with a qualified counsel who is admitted to practice law in NJ with whom information can be shared and assessed under an attorney-client privilege before making any decisions about your case.
0 upvotes

People Also Asked