Motion to Lift a Permanent Restraining Order in Bergen County
Need to Show Significant Change in Circumstances under the Carfagno analyis
Here is a recent case we successfully handled in 2019 for a client in Bergen County who hired us to remove a final restraining order that was issued against him in 2010. We filed the motion, conducted the hearing, and the motion was granted by the Judge. Here is a summary of the proceeding:
The attorneys at the Tormey Law Firm, LLC., successfully petitioned the court to remove a final restraining order for an out of state client that was issued in 2010. The final restraining order created a burden on our client that prevented him from career advancement and being able to adequately provide for his family.
The client hired us in mid 2019 to remove a final restraining order that was originally issued against him in the Bergen County Superior Court in Hackensack, NJ.
The removal of this restraining order was complex because at the time the restraining order was issued, there were allegations of our client sending promiscuous photos to plaintiff’s new fiancé while also accusing her of cheating. It was further alleged that our client called plaintiff 8-10 times per day over the span of 3-4 days and threatened her.
In the 9 years since the issuance of the original restraining order, there were no contempt actions filed (for violating the restraining order). However, there was contact between the parties one time via text message.
Following the issuance of the order there was a significant change in circumstances. Our client moved out of state and has been happily married for approximately seven years. Together with his wife, they are raising his daughter and stepdaughter where they currently reside in Florida.
The skilled attorneys at The Tormey Law Firm showed good cause for the removal of the restraining order based on the factors set forth by Carfano v. Cargagno, 288 N.J. Super 424, 434-435, 672 A.2d 751 (1995).
These factors include: (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.
Despite the pushback from Plaintiff in the removal of the order, the Court agreed with our motion to remove the final restraining order and dismissed the order. This was after a testimonial hearing where our client flew in to Bergen County to testify and the Plaintiff also appeared and testified in court before the Judge. Out skilled lawyers were able to show that there was a significant change in circumstances since the issuance of the original FRO and that the restraining order was no longer necessary to protect the victim and should be dismissed.
Need a Lawyer to Remove an Old Restraining Order in Bergen County? We can help
Our client no longer has to worry about the negative implications of this order on a background check. Now that the motion was granted and the FRO was vacated and dismissed, our client can move beyond this period in his life.