For the court to consider these factors, the defendant must first make a basic showing in the application that there is a basis for the hearing. If that basic showing is made, then the court will grant a hearing, at which the parties will have the right to testify, present other witnesses, cross examine witnesses, and present appropriate documentary evidence.
It is important to know, however, that even if you successfully have the FRO vacated, this does not erase the finding of domestic violence that was originally made by the court. It simply allows the FRO to be lifted or vacated so that it does not exist anymore. The finding of domestic violence remains a part of the court’s record, and the defendant’s name will remain on the National Domestic Violence Registry. However, it does remove the threat that the defendant might be arrested at any time due to the plaintiff advising the police that the other party has violated the FRO.
This information has been compiled as a result of the numerous trials and domestic violence matters Kevin B. Legreide, Esq. has conducted and been involved in over the years. Mr. Legreide is also very experienced in criminal and municipal matters and understands the relationship between a civil domestic violence matter and the pending criminal or municipal matter.
To discuss making a motion to vacate an FRO, call The Mark Law Firm now. The Mark Law Firm provides assistance in domestic violence cases to all of Ocean and Monmouth Counties in central New Jersey and Somerset, Essex, Hunterdon, Union and Middlesex Counties.