The issues of domestic violence (and concomitantly) Final Restraining Orders (FROs) have recently been catapulted to the top of the headlines by professional athletes’ off-the-field actions. Unlike many other states, including all of its neighbors, FROs, which have severe personal consequences, are of unlimited duration in New Jersey. This article will explore New Jersey FROs and the factors underlying litigating a motion to dissolve one.
Prior to 1991, a domestic violence incident was handled through the issuance of a criminal complaint. In 1991, the legislature declared that domestic violence was a “serious crime against society” (N.J.S.A. 2C: 25-18), and that due to law enforcement response, which resulted in different treatment for similar crimes, a uniform act was required. D.C. v. F.R., 286 N.J. Super. 589, 597-98 (App. Div. 1996). The result was the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 et seq., which became effective Nov. 12, 1991.
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