Silver v. Silver and the Two-Part Analysis for Final Restraining Orders
In the case of Silver v. Silver, 387 N.J. Super. 112 (2006), the appellate court set forth a two-part test to be applied by a trial judge in determining whether the entry of a Final Restraining Order (FRO) is appropriate. First, the judge must determine whether the plaintiff has proven, by a preponderance of the […]
Can a Final Restraining Order be vacated in New Jersey?
In a word yes. In New Jersey, Final Restraining Orders (FRO) are considered final – like forever. The FRO will remain in effect until the plaintiff dismisses it voluntarily or the court vacates the order upon motion by the defendant. When an FRO is issued the defendant will be placed in the domestic violence registry […]
Can a Final Restraining Order Be Vacated in New Jersey?
In a word yes. In New Jersey, Final Restraining Orders (FRO) are considered final – like forever. The FRO will remain in effect until the plaintiff dismisses it voluntarily or the court vacates the order upon motion by the defendant. When an FRO is issued the defendant will be placed in the domestic violence registry […]