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Final Restraining Order Vacated in Bergen County NJ After 20 Years

Published: April 3, 2017

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Motion to Remove a Final Restraining Order

Restraining Order Lawyers with offices in Hackensack, NJ

Bergen County NJ Restraining Order Lawyers

Bergen County NJ Restraining Order Lawyers

Need assistance with a motion to remove an old restraining order in Bergen County? Contact us now.

Travis J. Tormey of the Tormey Law Firm LLC recently represented a client who had a final restraining order (FRO) issued against him twenty (20) years ago in the Bergen County Superior Court located in Hackensack, New Jersey. The original restraining order was issued based on the predicate act of harassment and was issued in 1997. As many of you know, restraining orders in New Jersey are permanent and never expire. The client reached out to the Tormey Law Firm after 20 years to inquire about having the restraining order lifted.

In order to vacate a Final Restraining Order, either the victim can do so voluntarily or a Judge can do so showing good cause on a motion. However, the Judge may also deny the motion and leave the permanent restraining order in place. In this case, we filed a motion to vacate the FRO in Bergen County after 20 years based on a change of circumstances and that the restraining order was no longer necessary. Here, there were never any violations in the 20 years that the FRO was in place, the victim lives in Texas now and our client lives in New Jersey so there was really no need for the restraining order any longer. The plaintiff must be served with the motion and have notice that the restraining order may be lifted by the Judge. Then, the parties appear in court and the defendant places their argument on the record regarding the change of circumstances and that the restraining order is no longer necessary and should be vacated. Then, the plaintiff can oppose that motion if they choose or agree to the motion and consent to the restraining order being lifted. Finally, if the plaintiff opposes the motion to vacate, the Judge makes the final decision whether or not to leave the restraining order in place. Luckily, in this case, the plaintiff did not appear in court and oppose the motion and the Judge determined that the restraining order was no longer necessary after 20 years based on the fact that there were no violations and that the parties lived in different parts of the country. This was a great result for our client and the Tormey Law Firm LLC.

I Need Help Removing an Old Final Restraining Order in NJ

If you or a loved one needs assistance with a temporary or final restraining order matter in NJ, contact our NJ restraining order attorneys now for immediate assistance at (908)-336-5008. The initial consultation is always provided free of charge.

Filed under: Case Study, Final Restraining Order

Visit Our Offices

With offices in Hackensack, Morristown, Newark, Middletown, and New Brunswick, our lawyers can represent you anywhere in New Jersey and are available immediately to assist you at (908)-336-5008

Hackensack / Bergen County

254 State Street
Hackensack, NJ 07601

  • 201-556-1570
  • 201-556-1572
Hackensack Office

Morristown / Morris County

60 Washington St Suite 200A,
Morristown, NJ 07960

  • 908-336-5008
  • 201-556-1572
Morristown Office

Newark / Essex County

1 Gateway Center Suite 2600
Newark, NJ 07102

  • 201-654-3464
  • 201-556-1572
Newark Office

for a free initial consultation Contact the Tormey Law Firm

Travis J. Tormey is a distinguished member of the legal community and a respected legal resource on domestic violence. He has been featured in a variety of prominent publications and media outlets, including CBS radio, Aol News, the Asbury Park Press, NJ.com, and the Daily Record. Mr. Tormey has also been recognized as one of the the top criminal attorneys under 40 years of age by the National Trial Lawyers Association and the National Academy of Criminal Defense Attorneys. Whether representing victims or the wrongly accused, Travis remains passionately committed to protecting the rights of the innocent.

Areas we serve

The Tormey Law Firm LLC handles restraining order cases in Bergen County (Hackensack), Morris County (Morristown), Passaic County (Paterson), Union County (Elizabeth), Hudson County (Jersey City), Middlesex County (New Brunswick), Somerset County (Somerville), Sussex County (Newton), Essex County (Newark), Hunterdon County (Flemington), Mercer County (Trenton), Monmouth County (Freehold), Warren County (Belvidere), Ocean County (Toms River), Burlington County (Mount Holly), and throughout NJ.

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