NJSBA Family Law Section

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  • 1.  Quick reference to duration of FRO's in other states?

    Posted 02-21-2017 12:48 PM

    As I think most of us are aware, restraining orders in most states expire after a period of time (6 months - two years). NJ and one other State (Wisconsin?) make them "for life", or until the defendant moves to have them dissolved. I know the case law sets a presumptive 18 months before it's appropriate to seek review. In connection with a letter brief I'm working on, I was wondering if anyone has a link or other information as to how long they last in other states, breaking it down state by state. Just would like to add it as a footnote; not worth the time to exhaustively research, but if someone's already done so, I'd appreciate the info.

    Thanks,


    <x-sigsep>

    David Perry Davis, Esq.
    ----------------------------------------------------
       www.FamilyLawNJ.pro
    ----------------------------------------------------
    112 West Franklin Avenue
    Pennington, NJ 08534
    Voice: 609-737-2222
    Fax:    609-737-3222

    </x-sigsep>


  • 2.  RE: Quick reference to duration of FRO's in other states?

    Posted 02-21-2017 01:55 PM

    In NY, an Order of Protection lasts for one year unless otherwise stated.

     

    Note - in King's Crim court they are referred to as "FOOP" Full order of protection, and LOOP "Limited order of protection." But in King's Family Court FOOP stands for Final order of protection.




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  • 3.  RE: Quick reference to duration of FRO's in other states?

    Posted 02-21-2017 03:14 PM

    Connecticut: one year without extension. Extensions are possible.

    Reference C.G.S. § 46b-15.

     

    Ed

     

    * * *

    Edward J. Zohn, Attorney at Law

    Zohn & Zohn, LLP; 7 Mount Bethel Road, Warren NJ 07059

    908.791.0312 voice; 908.660.4866 fax

    "Leges sine moribus vanae" (Laws without morals are useless) - U. of Penna. Motto

    www.zohnlaw.com

     




    Original Message


  • 4.  RE: Quick reference to duration of FRO's in other states?

    Posted 02-21-2017 03:15 PM
    Pennsylvania is 3 years.

    Roz

    Rosalyn A. Metzger LLC
    Attorney-Mediator
    1031 Resolution Drive
    Bethlehem, Pennsylvania  18017
    (908) 310-0356
    www.mediate.com/rmetzger
    Serving New Jersey as well as
    Northampton County PA

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  • 5.  RE: Quick reference to duration of FRO's in other states?

    Posted 02-21-2017 06:14 PM
    Thanks - I was sent off-list a link to an ABA website listing them all out (why do people send off-list? Why not share the info with all unless it's a personal comment?).

    I copied it over to my site - http://www.dpdlaw.com/DV_Duration.pdf . Note that it's not accurate as to NJ, saying a FRO is permanent "unless a judge puts a time limit to it." Unless I'm wrong (am I?), there's no such thing as a judge putting a time limit on an FRO in NJ.



    <x-sigsep>

    David Perry Davis, Esq.
    ----------------------------------------------------
       www.FamilyLawNJ.pro
    ----------------------------------------------------
    112 West Franklin Avenue
    Pennington, NJ 08534
    Voice: 609-737-2222
    Fax:    609-737-3222

    </x-sigsep>



    Original Message


  • 6.  RE: Quick reference to duration of FRO's in other states?

    Posted 02-21-2017 06:17 PM

    not in NJ no.  they are indefinite unless a confagno motion or voluntary dismissal.

    other states put time limits on them.

     

    Alice M. Plastoris, Esq.

    Law Office of Alice M. Plastoris, Esq.

    82 Speedwell Avenue, 2nd Floor

    Morristown, NJ 07960

    Telephone No. (973) 538-7070

    Fax No. (973) 538-7088

    Email: [email protected]

     

    ***EMAIL CONFIDENTIALITY NOTICE*** The information contained in this electronic message may contain attorney-client privileged and confidential information intended only for the use of the owner of the email address listed as the recipient of this message.  If you are not the intended recipient of this email message, you are hereby notified that any disclosure dissemination, distribution or copying of this communication is strictly prohibited.  If you have received this transmission in error, plesae notify the sender by return email, and by telephone at (973) 538-7070.

     




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  • 7.  RE: Quick reference to duration of FRO's in other states?

    Posted 02-24-2017 12:23 AM
    The ABA is updating / correcting the chart. A couple of people posted info on duration of FRO's in other states. If anyone else here is admitted in any state aside from NJ, would you mind taking a quick look at the chart?

    http://www.americanbar.org/content/dam/aba/administrative/domestic_violence1/Resources/statutorysummarycharts/2014%20CPO%20Availability%20Chart.authcheckdam.pdf

    If there are any other corrections, please send a quick email to  Meredith Mitnick, whose contact / email is below. Thanks.

    "Mitnick, Meredith" <[email protected]>

    Meredith Mitnick | Program Coordinator | Pronouns: she, her, hers |
    Commission on Domestic & Sexual Violence | American Bar Association
    1050 Connecticut Avenue, NW, Suite 400 | Washington, DC  20036
    ambar.org/cdsv | probono.net/dv | [email protected] | (202)-662-1722


    David Perry Davis, Esq.
    ----------------------------------------------------
       www.FamilyLawNJ.pro
    ----------------------------------------------------
    112 West Franklin Avenue
    Pennington, NJ 08534
    Voice: 609-737-2222
    Fax:    609-737-3222


    At 03:15 PM 2/21/2017, Rosalyn Metzger via New Jersey State Bar Association wrote:
    Pennsylvania is 3 years. Roz Rosalyn A. Metzger LLC Attorney-Mediator 1031 Resolution DriveBethlehem, Pennsylvania 18017(908) 310-0356 Serving... -posted to the "Family Law Section" community

     
    Feb 21, 2017 3:15 PM
    Rosalyn A. Metzger, Esq
    Pennsylvania is 3 years.

    Roz

    Rosalyn A. Metzger LLC
    Attorney-Mediator
    1031 Resolution Drive
    Bethlehem, Pennsylvania  18017
    (908) 310-0356
    [email protected]
    www.mediate.com/rmetzger
    Serving New Jersey as well as
    Northampton County PA

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

    CONFIDENTIALITY NOTICE:  This e-mail contains information that is privileged and confidential and subject to legal restrictions and penalties regarding its unauthorized disclosure or other use.  You are prohibited from copying, distributing, or otherwise using this information if you are not the intended recipient.  If you have received this e-mail in error, please notify us immediately by return e-mail and delete this e-mail and all attachments from your system.
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    As I think most of us are aware, restraining orders in most states expire after a period of time (6 months - two years). NJ and one other State (Wisconsin?) make them "for life", or until the defendant moves to have them dissolved. I know the case law sets a presumptive 18 months before it's appropriate to seek review. In connection with a letter brief I'm working on, I was wondering if anyone has a link or other information as to how long they last in other states, breaking it down state by state. Just would like to add it as a footnote; not worth the time to exhaustively research, but if someone's already done so, I'd appreciate the info.

    Thanks,


    David Perry Davis, Esq.
    ----------------------------------------------------
       www.FamilyLawNJ.pro
    ----------------------------------------------------
    112 West Franklin Avenue
    Pennington, NJ 08534
    Voice: 609-737-2222
    Fax:    609-737-3222
     
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