How do I Remove a Final Restraining Order NJ?
Local Bergen County Restraining Order Lawyer with offices in Hackensack, 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.