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There is a Civil restraints order between me and my wife..

Customer Question
She wants to vacate it....
There is a Civil restraints order between me and my wife.. She wants to vacate it.. what is the procedure? Is lawyer required for it? Is court appearance required for both of us or only her?
JA: Since laws vary from place to place, what state is this in?
Customer: Bergen county, NJ
JA: Has anything been filed or reported?
Customer: TRO was filed by her.. but that was agreed to Civil restraints between our two lawyers
JA: Anything else you want the lawyer to know before I connect you?
Customer: No, we are working on getting together as we have a 21 month old daughter
Submitted: 3 months ago.Category: Legal
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Answered in 5 minutes by:
7/31/2017
Lawyer: Gerald, Esq, Lawyer replied 3 months ago
Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 4,310
Experience: 30 years of experience
Verified

Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

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Lawyer: Gerald, Esq, Lawyer replied 3 months ago

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow-up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

The civil restraining order is not criminal. In order for it to be enforced she would need to file a Motion to hold you in contempt for violating it. BUT to be safe you want her to file a Motion to Dismiss the Civil Restraining Order.

This is not complicated and can be done on one page.

It would state that the parties have reconciled and wish the Restraining Order to be dissolved and dismissed.

This link describes how to file your Motion:

https://www.judiciary.state.nj.us/forms/10543_motion_spccvl.pdf

Here is a sample Motion that you can use for Formatting - but it has to be edited to meet your situation:

http://www.northwestregisteredagent.com/pdf/Motion-to-Dismiss-Example.pdf

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but helps me greatly. Thank you.

If you are dissatisfied with my response, PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or, if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you, and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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Customer reply replied 3 months ago
Thanks.. Is court appearance required for Plaintiff or defendant? Also, can my wife go to court and file the motion or need a lawyer? What would be a ballpark lawyer fee cost?
Lawyer: Gerald, Esq, Lawyer replied 3 months ago
A court appearance will probably Not be required. Your wife can file the Motion. Cost is tough to guess at but around $800.00 I would guess.
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Gerald, Esq
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