NJSBA Family Law Section

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  • 1.  FRO Dismissal After Victim's Death

    Posted 09-15-2014 03:45 PM
    I was wondering if it was possible to dismiss an FRO after the victim has passed away.  Victim died a number of years ago but the restraining order is still listed as active.  There were no other protected parties in the FRO.  I assume the good cause is that the victim is no longer alive.  Has anyone done this before?

    Who would you notice if the application can be made?

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    Peter Bronzino, Esq.
    Brick, NJ
    (732)856-5730
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  • 2.  RE: FRO Dismissal After Victim's Death

    Posted 09-16-2014 03:23 PM
    I had the same issue before Judge Donald Venezia in Bergen and he vacated the FRO. I can send you papers tomorrow. 
     

     

    John L. Weichsel
    Member of NJ & NY Bar
    79 Main St.
    Hackensack, NJ 07601
    201 488 1400 (T)
    201 488 3970 (F)
    [email protected]

    Sent via the Samsung Galaxy S™III, an AT&T 4G LTE smartphone





  • 3.  RE: FRO Dismissal After Victim's Death

    Posted 09-16-2014 03:23 PM

    There is a rule/statute etc for a motion to dismiss an FRO.   Various requirements  and certainly should apply in your matter.

    Marcia Denbeaux

     

     






  • 4.  RE: FRO Dismissal After Victim's Death

    Posted 09-16-2014 03:23 PM

    Not if he killed her….

     






  • 5.  RE: FRO Dismissal After Victim's Death

    Posted 09-16-2014 03:38 PM
    He did not kill her. 

    On Tue, Sep 16, 2014 at 3:31 PM, Cara Corbo via New Jersey State Bar Association



    --
    Peter J. Bronzino, Esq.
    The Law Office of Peter J. Bronzino, LLC
    44 Princeton Avenue
    Brick, NJ 08724
    Phone: (732) 856-5730
    Fax:     (732) 856-5731
    [email protected]
    www.BronzinoLaw.com
    www.facebook.com/PJBLaw

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  • 6.  RE: FRO Dismissal After Victim's Death

    Posted 09-16-2014 03:40 PM

    If he did, getting the FRO dismissed is the least of his problems.

     






  • 7.  RE: FRO Dismissal After Victim's Death

    Posted 09-16-2014 03:52 PM
    Right you are!

    Sent from my iPad via MMC Law





  • 8.  RE: FRO Dismissal After Victim's Death

    Posted 09-16-2014 03:23 PM
    Yes file application.  Serve estate.


    Alice M. Plastoris, Esq.
    Office 973-538-7070
    82 Speedwell Avenue
    Morristown, NJ 07960

    Sent via the Samsung GALAXY S® 5, an AT&T 4G LTE smartphone