If someone had a Temporary Restraining Order and wanted to proceed and try to get a permanent restraining order but then when there new court date came about they tried to drop the charges. Is it possible that the judge could grant the restraining order anyway if he believed the individual was being coerced into trying to drop the charges?
Answer
yes which is why you should have an attorney
Answer
yes, and you should have a lawyer to help you!
call me, no charge for the call.
Robert Davies, Attorney 201 820 3460
Answer
To drop a domestic violence complaint the complainant is rsequired to go to the domestic violence office to be advised of the cycle of domestic violence. The complainant then returns to court and is questioned as to whether the complainant feels that she or he will be safe without the restraining order and whether the withdrawal of the restraining order is done without coercion or threats or fear of retribution. The complainant only has to give the answers designed to get the domestic violence complaint, but there could be a change of heart exposing the defendant to an immediate trial. The defendant should have an attorney present to guard against
being taken by surprise if the plaintiff changes his or her min about dropping the domestic violence complaint.
Call me if you like.
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