Restraining Order Dismissed NJ – What happens next

NJ Domestic Violence Lawyers

Restraining Order Dismissed in NJ

Restraining Order Dismissed? Many clients would like to know what happens now that there was a temporary or final restraining order dismissed in court. There is no record of the restraining order in terms of an arrest or anything that will show up on a background check. There is only a record with the court if another restraining order is filed in the future.

If you or a loved one has a restraining order case in New Jersey and are in need of legal assistance, the Tormey Law Firm LLC can help. Our experienced restraining order attorneys have handled these types of cases in practically every county in the State of NJ including in Dover, Denville, Parsippany, Mount Olive, and Jefferson Twp. As a result, our lawyers are ready and able to assist you with your restraining order case immediately. Contact our offices anytime for a free initial consultation at (908)-336-5008.

Travis J. Tormey has been cited in numerous publications including the Star Ledger, Daily Record, Bergen Record, Asbury Park Press and AOL News. He has also appeared as a legal expert on CBS radio with regards to domestic violence in New Jersey. Mr. Tormey has received numerous awards from the American Trial Lawyers Association and the National Association of Criminal Defense Attorneys. He also received the clients choice awards from Avvo.com in ’13, ’14’, ’15, ’16 and ’17 and is a 10.0 rating.

Here is a five star review from one of our many satisfied restraining order clients:

“Travis is a Magician once he walks into Court and goes out of his way to ensure we WIN. He is a keen listener and made sure to getting the best information from me to argue my case. Being a novice in Court, Travis made me feel confident each time I had to be present in court. I have recommended him to my Brother and a few friends. Travis has been very client centric and supportive even post completion of my legal proceedings, whenever I have required clarifications on how my concluded legal proceedings will have an impact on certain areas of my life, he has offered his advice in a timely and patient manner. All that being said, what makes Travis different is he has got the experience, knowledge and the fight in him to WIN. Thanks Travis. Be the Best.” – Former client

My Restraining Order was Dismissed: What now?

There are a couple scenarios where your restraining order can be dismissed. The first is if the alleged victim voluntarily dismisses it in court. The second is if there is a final restraining order (FRO) hearing and the Judge rules that there is insufficient evidence to issue a permanent restraining order and dismisses the temporary restraining order (TRO). In either of those scenarios, the case is now over.

NOTE: There is nothing to expunge if your restraining order was dismissed. Since there is no arrest and a restraining order is civil in nature, there is no expungement necessary to “clean your record”. It’s already clean.

In a third scenario, the restraining order may have been dismissed and the parties entered into “civil restraints”. Again, same as above, there is no arrest and nothing on your record to expunge. As long as you comply with the terms of the civil restraints agreement, then nothing will happen in the future. If anyone violates the civil restraints agreement, the party can petition the court to try and impose sanctions on the guilty party. Or a new restraining order can always be filed if a new predicate act of domestic violence is allegedly committed.

The only thing is that, if a restraining order is dismissed, and then another restraining order is filed again in the future, then the court can consider that there was a past restraining order filed and dismissed when determining whether domestic violence has occurred and whether or not a permanent restraining order should issue.

NOTE: If you were arrested and charged with violating a restraining order then that is a different scenario and there is a record of that. You may be eligible for expungement.

Remember, just because the restraining order was dismissed in court doesn’t mean that the Plaintiff can’t try to file a new restraining order based on a new alleged act of domestic violence. So, if you had a contentious trial and the restraining order was dismissed, it may not be wise to go back to the same residence as your spouse, girlfriend, boyfriend, roommate, etc. if there is a possibility that another argument could lead to another restraining order being filed in the future. However, if they voluntarily dismissed the restraining order and are comfortable with you living together moving forward, then that is a different situation. Or, if you entered into civil restraints and agreed to do counseling and continue residing together, then that also is a different scenario where it should be fine for you to return to your residence after the restraining order is dismissed.

NJ Experienced Restraining Order Defense Lawyers Available Now

For additional information regarding your restraining order case and related issues in New Jersey, contact our restraining order defense attorneys anytime for immediate assistance at (908)-336-5008. The initial consultation is always provided free of charge.