Remove a Final Restraining Order in NJ
16 Year Old Domestic Violence Restraining Order Lifted in Elizabeth, New Jersey
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, according to the court rules, 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 Union County – 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.