In a Decision – T.M.S. VS. W.C.P. (an "Unreported Decision") >> the Court Held:
The Appellate Division determined that a Vacation of a Domestic Violence Order could not simply be reinstated based upon a realization that the Victim may not have received notice of the Hearing to Vacate the Domestic Violence Order.
Due process requires the party seeking to reinstate a final restraining order file a motion so defendant may have an opportunity to adequately defend the reimposition of a final restraining order. In this case, defendant was deprived of due process because the trial court, after vacating the final restraining order on its own reinstated the final restraining order based on plaintiff's claim she was not adequately served with defendant's application.