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Permanent Restraining Order Lifted in Bergen County After 12 Years in Hackensack NJ

Published: October 29, 2018

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  • After receiving a Restraining Order by an ex girlfriend accusing me of harassment which was false, I contacted the law firm. Chris helped to get the case dismissed as quickly as possible ... full review

    Stanley
  • He assured me that he would aggressively try to get this unsubstantiated TRO dismissed as well as the harassment charge. Sure enough he did just that and on such short notice that it left... full review

    a client
  • Travis was able to successfully get the TRO dismissed without even going to a trial, and i am truly thankful for Travis and his confidence and savviness when it pertains to the law. full review

    a client

How do I Remove a Final Restraining Order NJ?

Local Bergen County Restraining Order Lawyer with offices in Hackensack, NJ

Help Remove an Old Restraining Order in Bergen County NJ

Remove an Old Restraining Order in Bergen County NJ

The Bergen County restraining order lawyers at the Tormey Law Firm LLC recently represented a client who had a final restraining order issued against him in 2006 in Bergen County NJ. Unlike some other states, restraining orders are permanent in New Jersey and never expire. Having a final restraining order can be an extreme hardship to a defendant including being fingerprinted and placed into a database for domestic violence offenders. In addition, the defendant is prohibited from owning or possessing firearms. Finally, it can effect jobs, professional licenses, and immigration status for someone who is not a United States citizen.

It is possible to have a permanent restraining order removed in NJ in certain cases. After enough time has passed (usually a minimum of 5 years), a defendant can file a motion to have it lifted. A defendant must show that there has been a change in circumstances such that the restraining order is no longer necessary. Typically, as time passes, people move on with their lives and there are a number of factors a judge will consider. For instance:

  • Do the parties have anything in common anymore? (such as children)
  • Do they live in the same state or anywhere close to each other?
  • Have there ever been any violations of the restraining order?
  • Has the defendant moved on with a new partner, are they married or have children with someone else?

All of these things tend to show that the restraining order is no longer necessary and the plaintiff no longer needs the protection of the court. In this case, the final restraining order was issued in 1996 as a default based on harassment. Default means that the defendant failed to appear for the final hearing and the judge issued it based on the plaintiff’s testimony alone (without any opposition). Now, 12 years have passed and the defendant resides in Florida. The plaintiff was notified of the motion and she did not object to the restraining order being lifted. As a result, the judge granted the motion and removed the final restraining order.

Help Removing an Old Restraining Order in Bergen County NJ

If you or a loved one needs assistance getting rid of a final restraining order in NJ, contact our offices now for immediate assistance. The initial consultation is always provided free of charge.

Filed under: Domestic Violence, Restraining Order Case Issues

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

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254 State Street
Hackensack, NJ 07601

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Morristown / Morris County

55 Madison Avenue Suite 400,
Morristown, NJ 07960

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Newark / Essex County

1 Gateway Center Suite 2600
Newark, NJ 07102

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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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