Law Lessons from L.F. VS. J.F., App. Div., A-1187-11T2, December 26, 2012:

In determining whether to dissolve an FRO, a motion judge must consider whether the moving party has established “good cause.” N.J.S.A. 2C:25-29(d); Kanaszka v. Kunen, 313 N.J. Super. 600, 607 (App. Div. 1998). In Kanaszka, we adopted the non-exhaustive list of factors to be considered in determining “good cause” set forth in Carfagno v. Carfagno, 288 N.J. Super. 424 (Ch. Div. 1995):

(1) whether the victim consented to lift the restraining order;
(2) whether the victim fears the defendant;
(3) the nature of the relationship between the parties today;
(4) the number of times that the defendant has been convicted of contempt for violating the order;
(5) whether the defendant has a continuing involvement with drug or alcohol abuse;
(6) whether the defendant has been involved in other violent acts with other persons;
(7) whether the defendant has engaged in counseling;
(8) the age and health of the defendant;
(9) whether the victim is acting in good faith when opposing the defendant’s request;
(10) whether another jurisdiction has entered a restraining order protecting the victim from the defendant; and
(11) other factors deemed relevant by the court.

[Id. at 435.]

In Kanaszka, supra, the court emphasized that “the previous history of domestic violence between the parties must be fully explored and considered to understand the totality of the circumstances of the relationship and to fully evaluate the reasonableness of the victim’s continued fear of the perpetrator.” 313 N.J. Super. at 607.

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