Final Restraining Order Removed in Morris County NJ

Domestic Violence Lawyers with offices in Morristown, New Jersey

Remove a Restraining Order in NJ

Need a lawyer to remove a permanent order of protection in Parsippany? You’ve come to the right place.

The Morris County NJ domestic violence lawyers at the Tormey Law Firm recently assisted a client in removing two old restraining orders that he was involved with, one from 1990 and one from 1996. The one from 1996, he was the plaintiff (victim) and the restraining order was against his brother. We assisted the client in appearing in court and voluntarily dismissing the restraining order against his brother.

Then, he was the defendant in a restraining order with his ex-wife from 1990. We had to file a motion to have this old restraining order removed. You must show the Judge that there has been a significant change in circumstances such that the final restraining order is no longer necessary and should be vacated and dismissed. In the last 28 years, there have been no violations of the restraining order. Our client no longer lives in New Jersey (he lives in Pennsylvania) and he is remarried and has clearly moved on with his life.

When filing the motion to vacate the 1990 restraining order, you must serve the plaintiff with a copy of the motion papers. He or she must know that the restraining order is being challenged and will have an opportunity to respond in writing and appear at the court date and object if they wish to. In this case, the plaintiff was served with the motion and she did not object to the restraining order being removed. She did not appear in court for the court date. We argued the motion and the Judge agreed that the restraining order should be lifted and was no longer necessary to protect the plaintiff.

Once the restraining order is removed, what happens?

Once the final permanent restraining order is vacated and dismissed by a Judge, the defendant is removed from the New Jersey database for domestic violence offenders. The defendant is no longer restricted from communicating with the plaintiff or going to any places that were listed in the restraining order (such as the plaintiff’s home, place of employment, their children’s school (if applicable)). The defendant will no longer be detained at the airport or customs when traveling. Finally, the defendant can now possess weapons and firearms.

Remove an Old Order of Protection in NJ? Contact the Tormey Law Firm Today

This was a great result for our client and the Tormey Law Firm LLC. If you or a loved one needs assistance with a domestic violence case in Morris County NJ, contact our Morristown offices anytime for a free initial consultation at (908)-336-5008.