Trenton, NJ asked in Family Law and Domestic Violence for New Jersey

Q: DV TRO hearing the plaintiff said they drop the TRO if the defendant would agree to cash settlement. Is that legal?

The judge said you can't talk to him you would need to get a lawyer to work that out. This doesn't seem legal to me.

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2 Lawyer Answers
Leonard R. Boyer
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  • Clifton, NJ
  • Licensed in New Jersey

A: Realistically it does not seem appropriate. This is all the more reason not to drop the TRO. Presumably, there will be a divorce (if you are married). In 39 years of practice representing both Plaintiffs and Defendants, I have never made or seen any other attorney make a monetary offer to drop a TRO. This to put it in layman's terms smells very bad. It could also be a setup that could end up getting you in trouble if you accepted the money and dropped the TRO. You need to retain an experienced matrimonial with extensive domestic violence experience. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price. With modern technology, you can be represented by any high-quality attorney in New Jersey irrespective of geography.

Richard Diamond
Richard Diamond
  • Domestic Violence Lawyer
  • Short Hills, NJ
  • Licensed in New Jersey

A: Its improper to offer money in exchange for the dismissal of a dv restraining order. If he is acknowledging that he did something wrong, agreeing to put in place appropriate civil restraints to bar all contact and communications moving forward and he is offering to give you money to relocate and to cover the cost of injuries or damage caused, I would speak with an experienced divorce and family law attorney who regularly handles dv matters as part of his practice to see if a consent order or consent agreement can be drafted to protect you - if he is simply offering you money in exchange for you dismissing the dv complaint then that it is improper and no lawyer can or would be involved with such an arrangement.

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