NJ Restraining Order Expungement Lawyers
Domestic Violence Attorneys with offices in Morristown, New Jersey
Expunge a Restraining Order NJ
Restraining Order Expungement: Need to expunge a permanent restraining order in NJ? You’ve come to the right place. An expungement is necessary to remove an arrest or a criminal record in New Jersey. Because a temporary or final restraining order is a civil matter and there is no arrest or criminal record related to same, there is no need for an expungement of these matters. But it’s not that simple. Continue reading below.
If you or a loved one needs assistance with a restraining order in NJ, the Tormey Law Firm LLC can help. Our attorneys have literally handled hundreds of restraining order cases in almost every county in the State of NJ including in Hudson County, Bergen County, Passaic County, and Morris County. Our lawyers know the process, the judges, and the system and will ensure everything is done to protect your rights. A final (or permanent) restraining order can have a lasting impact on your life and future including employment, travel restrictions, ability to own weapons, etc.
If you need an assistance with a restraining order matter in New Jersey including in Paterson, Wayne, Clifton, or Totowa, contact our offices anytime for immediate assistance at (908)-336-5008. The initial consultation is always provided free of charge.
Client Domestic Violence5.0 starsPosted by anonymous
“From the moment I entered Mr. Tormey’s office, I experienced an air of calm and confidence. His demeanor exuded his command of his profession as well as a knowledge of the human element in dealing with the intricacies of the law. After our initial meeting, I was satisfied that he had reviewed my case, that I knew what was expected from me, including fees, and a sense that the outcome would be positive. He maintained contact with me, kept me informed, and returned all phone calls in a timely manner. I am totally satisfied with his representation and have no reservations in recommending Mr. Tormey and his firm.”
Can I expunge a restraining order in NJ?
The short answer is “no”. However, it’s not so simple. First, if you had a temporary restraining order (TRO) issued against you and the case was dismissed (either voluntarily by the alleged victim or after a trial by the judge), then there is nothing to expunge. It’s a civil order that was issued temporarily and dismissed. There was no arrest and no record of this that can be expunged. However, there will always be a record that the restraining order was filed. For example, if your guns were taken because a temporary restraining order was filed against you or you apply for a gun permit in the future, the police department and prosecutor’s office may object to you possessing weapons because a temporary restraining order was filed against you (even if it was dismissed). You can of course appeal this denial and fight them in court.
Second, if the TRO was issued and then a final restraining order (FRO) was granted, then that can not be expunged. The decision to issue a permanent restraining order can be appealed within 45 days of the issuance of the decision. In addition, you can file a motion to vacate the restraining order to show that there has been a change in circumstances over time and the permanent restraining order is no longer necessary. However, expungement of a permanent restraining order is not an option. Finally, if you were arrested and charged with contempt for violation of a restraining order, that may be expunged depending on how the case was resolved. Contact our experienced restraining order attorneys for a free consultation and we can walk you through the potential expungement process.
NOTE: If you are looking to expunge a violation of a restraining order (contempt charge), then that is a criminal charge that can potentially be expunged. It depends on a number of factors including if you have any other prior criminal history, how long it has been since you were convicted of the charge, etc. If you are interested in expunging a restraining order violation, contact us anytime for a free consultation.
Expungement of Old Restraining Order in New Jersey?
This is not an expungement. It is a motion for removal. Restraining orders in New Jersey are permanent and never expire. However, because they are a civil matter and not criminal, an expungement is not the proper motion that needs to be filed to have it removed. As a result, you must file a Carfagno motion under the Carfagno v. Carfagno case which allows a defendant to file to have a restraining order removed after time has passed and he or she can show that there has been a significant change in circumstances such that the restraining order is no longer necessary and should be removed.
Contact the Morris County Restraining Order Attorneys at the Tormey Law Firm LLC
For more information or if you have additional questions about a permanent restraining order in NJ and the potential expungement of same, contact our offices anytime for immediate assistance. We always provide a free initial consultation and are happy to speak with you about your case, (908)-336-5008.
