Remove a Restraining Order Essex County NJ
“The client hired us to remove an old restraining order that was issued against him in Essex County Court 21 years ago and we were able to do just that.”
Do you have an old restraining order issued against you that is causing you problems? You may be able to get it removed. Here is a case we handled successfully for one of our clients.
The NJ domestic violence lawyers at the Tormey Law Firm LLC recently assisted in client who wanted to remove a final restraining order (FRO) that had been issued against him 21 years ago in Essex County Superior Court located in Newark, New Jersey. The defendant is a police officer and he attempted to file the motion himself without an attorney. The plaintiff objected and the judge denied the motion. Subsequently, he hired our attorneys to represent him to re-file the motion and argue the case before the Judge. Our attorneys filed the motion and a legal brief in support of that motion detailing all of the reasons why the restraining order should now be lifted.
What factors does the Judge consider on this motion?
When you file a motion to vacate an old restraining order in NJ, the Judge will consider a number of factors to determine whether or not there has been a significant change in circumstances:
- How much time has passed
- Have there even been any violations of the order
- Do the parties have any reason to have contact moving forward
- Have any other restraining orders been issued against the defendant
- Did the defendant undergo any counseling
- Do the parties reside in the same state or close to one another
- Has the defendant moved on with his or her life (new spouse, significant other, children, etc.)
In this case, the parties have not had any contact in 21 years, they do not have any children in common and there is no reason for them to have any contact in the future. There have never been any violations of the restraining order and the defendant is now married with four children and has clearly moved on with his life. There is no longer a necessity of the restraining order to ensure that the parties have no contact and there is no need to protect the plaintiff from the defendant.
We argued these points to the Court and the Judge agreed. The Judge vacated and dismissed the final restraining order (FRO) after 21 years. This was a great result for our client and the Tormey Law Firm LLC.
How do I get rid of an old restraining order in Newark NJ?
If you or a loved one needs assistance with a domestic violence matter in New Jersey, contact our offices anytime for immediate assistance at (908)-336-5008. The initial consultation is always provided free of charge.