Final Restraining Order Lifted in Morris County NJ
Thanks to the Domestic Violence Lawyers at the Tormey Law Firm in Morristown, NJ
Do you need assistance removing an old final restraining order in Morris County, NJ? We can help.
The Tormey Law Firm recently represented a client who wanted to remove a final restraining order (FRO) that was granted against him 14 years ago in the Morris County Superior Court located in Morristown, New Jersey. The restraining order was granted originally based on harassment and arguments between the parties during their divorce. The plaintiff and defendant were married for 12 years and had an 8 year old son at the time. Now, 14 years later, there was no longer a need for the restraining order as both parties moved on with their lives, there had never been any violations during the 14 year period, and the plaintiff no longer needed the protection from the court.
A final restraining order can have serious implications for a person including being listed in a domestic violence database which can effect employment, professional licenses, etc. In addition, many clients are stopped at the airport by airport officials and detained and questioned to confirm they are not traveling with or stalking the plaintiff. Finally, a defendant is prohibited from owning or possessing firearms if they have a restraining order against them in New Jersey.
When a motion to remove a final restraining order is filed, the moving party must attach a transcript of the initial proceeding (if it still exists). In many of these old cases a transcript is not available. Then, the defendant must show that the restraining order should be lifted based on a number of things including the following:
- how much time has passed
- do the parties have children in common (any reason to have contact moving forward)
- do the parties reside in the same area or state
- has there ever been a violation of the restraining order (contempt charge)
- has the defendant received any counseling since the issuance of the original order
- were there any other restraining orders issued against the defendant by other people
Does the Plaintiff Object to the Restraining Order Being Lifted?
Once the motion is filed, the court will contact the plaintiff to see if he or she agrees to the restraining order being removed or they object. If they object, they can submit paperwork in writing and appear at the hearing to testify. If they agree, the restraining order will be dismissed by the Judge, usually without even conducting a hearing.
In this case, the plaintiff did not agree and objected to the restraining order being lifted. The Judge held a hearing in court to determine whether or not our motion to vacate and remove the final restraining order should be granted. It is our burden to show that there has been a significant change in circumstances such that the final restraining order is no longer necessary. In this case, we were able to do that and the Judge agreed that the restraining order should be removed. The final restraining order was vacated and dismissed.
This is crucial for our client who will be removed from the domestic violence database and will no longer be detained at the airport when traveling. In addition, he is no longer prohibited from owning or possessing firearms in New Jersey.
I want to remove an old restraining order in Morristown NJ
This was a very satisfying result for our client and the Tormey Law Firm LLC. If you or a loved one needs assistance removing an old restraining order in New Jersey, contact our offices for immediate assistance (908)-336-5008. The initial consultation is always provided free of charge.