NJSBA Family Law Section

I am in the process of preparing a motion to modify/amend a Final Restraining Order.  In attempting to prepare my brief on the relevant law, I have hit a dead-end in the sense that the cases which consider N.J.S.A. 2C:25-29(d) focus on motions to vacate an FRO and the Carfagno analysis to such applications.  However, it does not appear as if the eleven Carfagno factors would apply to a motion to modify.

Does anyone have additional insight into the appropriate legal analysis a Court will consider in determining whether "good cause" is shown to modify a FRO?

If anyone has a sample brief that they would be willing to share, please email it to [email protected]

Thanks.

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David Cardamone Esq.
Little Silver NJ
(732)741-6769

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Maybe something here will be of help to you:

http://www.kostrolaw.com/NJFamilyIssues/category/domestic-violence/dissolution-of-final-restraining-order/

Paul Kostro
726 West Saint Georges Avenue
Linden NJ 07036
(908)486-2200
[email protected]
-------------------------------------------






Original Message:
Sent: 12-18-2013 12:31
From: David Cardamone
Subject: Modification of Final Restraining Order

I am in the process of preparing a motion to modify/amend a Final Restraining Order.  In attempting to prepare my brief on the relevant law, I have hit a dead-end in the sense that the cases which consider N.J.S.A. 2C:25-29(d) focus on motions to vacate an FRO and the Carfagno analysis to such applications.  However, it does not appear as if the eleven Carfagno factors would apply to a motion to modify.

Does anyone have additional insight into the appropriate legal analysis a Court will consider in determining whether "good cause" is shown to modify a FRO?

If anyone has a sample brief that they would be willing to share, please email it to [email protected]

Thanks.

-------------------------------------------
David Cardamone Esq.
Little Silver NJ
(732)741-6769

-------------------------------------------

I read somewhere recently that vacating an FRO (whether by the plaintiff or on the defendant's motion) does not necessarily remove the defendant's name from the domestic violence registry and other negative effects. Can anyone confirm this and state the source?

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Leslie Farber Esq.
Montclair NJ
(973)509-8500
-------------------------------------------


Original Message:
Sent: 12-18-2013 12:31
From: Paul Kostro
Subject: Modification of Final Restraining Order

Maybe something here will be of help to you:

http://www.kostrolaw.com/NJFamilyIssues/category/domestic-violence/dissolution-of-final-restraining-order/

-------------------------------------------

Paul Kostro
726 West Saint Georges Avenue
Linden NJ 07036
(908)486-2200
[email protected]
-------------------------------------------






Original Message:
Sent: 12-18-2013 12:31
From: David Cardamone
Subject: Modification of Final Restraining Order

I am in the process of preparing a motion to modify/amend a Final Restraining Order.  In attempting to prepare my brief on the relevant law, I have hit a dead-end in the sense that the cases which consider N.J.S.A. 2C:25-29(d) focus on motions to vacate an FRO and the Carfagno analysis to such applications.  However, it does not appear as if the eleven Carfagno factors would apply to a motion to modify.

Does anyone have additional insight into the appropriate legal analysis a Court will consider in determining whether "good cause" is shown to modify a FRO?

If anyone has a sample brief that they would be willing to share, please email it to [email protected]

Thanks.

-------------------------------------------
David Cardamone Esq.
Little Silver NJ
(732)741-6769

-------------------------------------------

Original Message------

I read somewhere recently that vacating an FRO (whether by the plaintiff or on the defendant's motion) does not necessarily remove the defendant's name from the domestic violence registry and other negative effects. Can anyone confirm this and state the source?

-------------------------------------------
Leslie Farber Esq.
Montclair NJ
(973)509-8500
-------------------------------------------


Original Message:
Sent: 12-18-2013 12:31
From: Paul Kostro
Subject: Modification of Final Restraining Order

Maybe something here will be of help to you:

http://www.kostrolaw.com/NJFamilyIssues/category/domestic-violence/dissolution-of-final-restraining-order/

-------------------------------------------

Paul Kostro
726 West Saint Georges Avenue
Linden NJ 07036
(908)486-2200
[email protected]
-------------------------------------------






Original Message:
Sent: 12-18-2013 12:31
From: David Cardamone
Subject: Modification of Final Restraining Order

I am in the process of preparing a motion to modify/amend a Final Restraining Order.  In attempting to prepare my brief on the relevant law, I have hit a dead-end in the sense that the cases which consider N.J.S.A. 2C:25-29(d) focus on motions to vacate an FRO and the Carfagno analysis to such applications.  However, it does not appear as if the eleven Carfagno factors would apply to a motion to modify.

Does anyone have additional insight into the appropriate legal analysis a Court will consider in determining whether "good cause" is shown to modify a FRO?

If anyone has a sample brief that they would be willing to share, please email it to [email protected]

Thanks.

-------------------------------------------
David Cardamone Esq.
Little Silver NJ
(732)741-6769

-------------------------------------------

Thanks.  That's useful because, even though the plaintiff in my case recently dismissed her own FRO voluntarily, we have proof that it was procured by fraud and she later admitted to having lied during her testimony to obtain the FRO.  I'm thinking of moving to have the original FRO vacated ab initio or nunc pro tunc (or whatever Latin phrase is appropriate).  This would be necessary in order to remove the defendant's name from the registry.

-------------------------------------------
Leslie Farber Esq.
Montclair NJ
(973)509-8500
-------------------------------------------


Original Message:
Sent: 07-08-2014 10:34
From: John Barone
Subject: Modification of Final Restraining Order

The defendant's name does remain in the database once it is entered. N.J.S. 2C:25-34 enumerates this and says "The Administrative Office of the Courts shall establish and maintain a central registry of all persons who have had domestic violence restraining orders entered against them". The registry is permanent and police are encouraged to use the registry as a tool to determine who the aggressor is in a domestic violence incident by running both parties through the database to determine which party is the victim. (See page III-6) http://www.judiciary.state.nj.us/family/dvprcman.pdf 

Original Message------

Thanks.  That's useful because, even though the plaintiff in my case recently dismissed her own FRO voluntarily, we have proof that it was procured by fraud and she later admitted to having lied during her testimony to obtain the FRO.  I'm thinking of moving to have the original FRO vacated ab initio or nunc pro tunc (or whatever Latin phrase is appropriate).  This would be necessary in order to remove the defendant's name from the registry.

-------------------------------------------
Leslie Farber Esq.
Montclair NJ
(973)509-8500
-------------------------------------------


Original Message:
Sent: 07-08-2014 10:34
From: John Barone
Subject: Modification of Final Restraining Order

The defendant's name does remain in the database once it is entered. N.J.S. 2C:25-34 enumerates this and says "The Administrative Office of the Courts shall establish and maintain a central registry of all persons who have had domestic violence restraining orders entered against them". The registry is permanent and police are encouraged to use the registry as a tool to determine who the aggressor is in a domestic violence incident by running both parties through the database to determine which party is the victim. (See page III-6) http://www.judiciary.state.nj.us/family/dvprcman.pdf