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Remove a Final Restraining Order in NJ

16 Year Old Domestic Violence Restraining Order Lifted in Elizabeth, New Jersey

How do I lift an old order of protection NJ?

Remove Old Restraining Order Union County Nj

Do you need to remove a final restraining order in Union County? We can help.

The Domestic Violence defense lawyers at the Tormey Law Firm recently represented a client who filed a motion to remove an old final restraining order that was issued against him in Union County, in Elizabeth NJ in 2002. This was filed by his ex-wife and they have been divorced and separated since then. In the meantime, our client, a pilot, has re-married and lives most of the year across the world in Hong Kong. He does maintain a residence in Warren County but only stays in the US a few months out of the year. In order to file a motion to vacate an old FRO, you must order the transcript of the initial hearing. In addition, you must file a brief to explain to the Court why there has been a significant change in circumstances such that the restraining order is no longer necessary and should be lifted. These are known as the “Carfagno factors” under Carfagno v. Carfagno, 288 N.J. Super. 424 (Ch. Div. 1995).

The Carfagno Factors – Motion to Remove Final Restraining Order in NJ

The case of Carfagno v. Carfagno, 288 N.J. Super. 424 (Ch. Div. 1995) establishes eleven factors a court must weigh to determine if a defendant established good cause to vacate a previously issued final restraining order (FRO):

(1) whether the victim consented to lift the restraining order;

(2) whether the victim fears the defendant;

(3) the nature of the relationship between the parties today;

(4) the number of times that the defendant has been convicted of contempt for violating the order;

(5) whether the defendant has a continuing involvement with drug or alcohol abuse;

(6) whether the defendant has been involved in other violent acts with other persons;

(7) whether the defendant has engaged in counseling;

(8) the age and health of the defendant;

(9) whether the victim is acting in good faith when opposing the defendant’s request;

(10) whether another jurisdiction has entered a restraining order protecting the victim from the defendant; and

(11) other factors deemed relevant by the court.

In this case, the plaintiff opposed lifting the motion and her attorney submitting a lengthy opposition to our motion to vacate. She detailed how afraid she was and is and did not want the restraining order lifted. Unfortunately for her, the original transcript painted a very different picture where she previously testified that he was “annoying her” and she would probably “lift this” after a few years. It was illogical that she was now more afraid of him when she has had no contact with him for 16 years and he lives across the globe. The judge agreed and lifted the old final restraining order and dismissed it.

Here is a review from our very satisfied client, March 18, 2018:

“Had a FRO from 16 years ago and have since been living overseas. Went to have it dismissed and to my surprise my ex fiance whom i have had no contact with since then decided to oppose my motion. Being thirteen time zones away made it quite difficult but Travis was there to answer all my concerns and always got back to me. Travis assigned an attorney by the name of Brent to handle my case. Brent did an excellent job, and he absolutely destroyed my ex fiance’s attorney as well as her reasons to keep this FRO in place. I highly recommend the Tormey law firm.”

Get rid of an old restraining order – NJ domestic violence lawyers

If you or a loved one needs assistance removing an old restraining order in New Jersey, contact the Tormey Law Firm now for immediate assistance at (908)-336-5008. The initial consultation is always provided free of charge.

Visit Our Offices

With offices in Hackensack, Morristown, Newark, Middletown, and New Brunswick, our lawyers can represent you anywhere in New Jersey and are available immediately to assist you at (908)-336-5008

Hackensack / Bergen County

254 State Street
Hackensack, NJ 07601

  • 201-556-1570
  • 201-556-1572
Hackensack Office

Morristown / Morris County

60 Washington St Suite 200A,
Morristown, NJ 07960

  • 908-336-5008
  • 201-556-1572
Morristown Office

Newark / Essex County

1 Gateway Center Suite 2600
Newark, NJ 07102

  • 201-654-3464
  • 201-556-1572
Newark Office

for a free initial consultation Contact the Tormey Law Firm

Travis J. Tormey is a distinguished member of the legal community and a respected legal resource on domestic violence. He has been featured in a variety of prominent publications and media outlets, including CBS radio, Aol News, the Asbury Park Press, NJ.com, and the Daily Record. Mr. Tormey has also been recognized as one of the the top criminal attorneys under 40 years of age by the National Trial Lawyers Association and the National Academy of Criminal Defense Attorneys. Whether representing victims or the wrongly accused, Travis remains passionately committed to protecting the rights of the innocent.

Areas we serve

The Tormey Law Firm LLC handles restraining order cases in Bergen County (Hackensack), Morris County (Morristown), Passaic County (Paterson), Union County (Elizabeth), Hudson County (Jersey City), Middlesex County (New Brunswick), Somerset County (Somerville), Sussex County (Newton), Essex County (Newark), Hunterdon County (Flemington), Mercer County (Trenton), Monmouth County (Freehold), Warren County (Belvidere), Ocean County (Toms River), Burlington County (Mount Holly), and throughout NJ.

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