Motion to Dissolve a Final Restraining Order in New Jersey
Restraining Order Attorneys with offices in Morristown, New Jersey
Do you need assistance with the process for lifting a final restraining order in New Jersey? We can help. Our attorneys have undergone this process on behalf of clients in Morris County and throughout New Jersey on numerous occasions. We are thoroughly versed on what is necessary to secure the outcome that you seek and can advise and assist you throughout these proceedings. We are always available to provide you with a free consultation and personalized guidance regarding your case to dismiss a restraining order. Simply call (908)-336-5008 0r send us a message today.
The Morris County restraining order attorneys at the Tormey Law Firm recently helped a client remove a final restraining order against his son that was issued by the New Jersey Superior Court, Family Part, in Morristown, New Jersey. Our client was in a situation where his son used to have a drug addiction that led to violence and theft of family members’ property. Unfortunately, the situation escalated and required police involvement and resulted in the issuance of a final restraining order. But after time, the defendant completed a lengthy stay in an inpatient treatment facility and turned his life around. Eventually, our client learned of his son’s progress and he determined that he wanted to reconcile. The problem, however, was that only a judge of the Superior Court, Family Part can dismiss a restraining order. After receiving a call from our client, we explained every aspect of what needed to be done to drop the restraining order and then helped him with the court procedure to achieve his goal of seeing his son again without placing his son in jeopardy of getting arrested.
What if we Decide to Reconcile after a Restraining Order in NJ?
A restraining order remains fully in effect unless a judge issues a new court order to vacate the restraining order. In other words, a plaintiff to a restraining order cannot say, “I don’t need this restraining order anymore” and then allow the defendant to violate. In fact, the violation of a restraining order in New Jersey is a criminal offense and if the police learn of a violation, the defendant will be arrested. Even if you choose to reconcile with the other person involved in your domestic violence case, you must submit a motion to remove the existing restraining order and have a hearing in court to have the restraining order lifted. If the judge lifts the final restraining order, you are then free to interact with the other party without risk of the defendant being arrested for violation of a restraining order. The consequences of failing to get the order of protection removed before you see or talk to the other person can be severe.
Pursuant to the Prevention of Domestic Violence Act, the violation of a restraining order is a criminal offense in New Jersey. According to N.J.S.A. 2C:29-9(b), a person is guilty of a crime of the fourth degree if that person purposely or knowingly violates any provision in a restraining order and if the conduct that constitutes the violation is a separate crime or disorderly persons offense. In all other cases, the knowing violation of a restraining order is a disorderly persons offense. In other words, when the action that constitutes the violation of a restraining order is a crime or a disorderly persons offense in itself, then the defendant will be charged with a fourth degree crime. But when it comes to violations of a restraining order that are not independent criminal actions, such as a phone call or text message, then the defendant will be charged with a disorderly persons offense.
If convicted of fourth degree contempt charges, the defendant faces a prison sentence of up to 18 months, a felony conviction on their criminal record, and a maximum fine of $10,000. Even in cases involving a lesser disorderly persons offense for violation of a restraining order, you risk 6 months in the county jail, a criminal record, and fines of up to $1,000 if convicted. Not only can violation of a protective order lead to criminal charges, but unless you seek to have the restraining order removed, you will continue to be exposed to potential re-arrest for a subsequent violation. Subsequent violations of a restraining order actually carry mandatory jail time in many cases in New Jersey, so if you wish to reconcile or have the order removed, it is highly advisable to seek legal counsel from an experienced attorney who can aid you in the court process.
As mentioned above, the only way to get rid of a restraining order in New Jersey is by court order dismissing the restraining order and no matter how much a plaintiff may want to see the defendant or speak with the defendant on the phone, such actions will place the defendant at risk of being arrested and charged with contempt. Once in court, the plaintiff must speak to domestic violence counselors who explain the cycle of domestic violence and confirm that the plaintiff wants to dismiss the restraining order. In addition, the judge will question the plaintiff to verify that he or she understands their rights and that no one is forcing or threatening them to drop the restraining order. Only then will the judge dismiss the restraining order on the record in court and then the case is finally over.
Need to Dissolve a permanent restraining order NJ, Who Can Help?
The restraining order lawyers at the Tormey Law Firm can help you with any needs related to restraining orders in the New Jersey Family Courts. Whether you are a plaintiff or defendant in a domestic violence case, the Tormey Law Firm can assist with filing for a temporary restraining order, preparing for a final restraining order trial, negotiating civil restraints, submitting a motion for vacating a final restraining order entered against you, appealing a final restraining order in the Appellate Division, or applying to dismiss a final restraining order entered on your behalf. To discuss your needs and how we can be of assistance to you, contact us at (908)-336-5008 for a free consultation.