Vacating a Final Restraining Order Lawyer Bergen County NJ

Bergen County Restraining Order Attorneys with Offices in Hackensack, NJ

In New Jersey, victims of domestic violence may obtain protection from their abusers by obtaining a Final Restraining Order under the Prevention of Domestic Violence Act. When a court decides there is reason to issue such an order, it remains in effect permanently and does not expire after 1, 5, or 10 years the way similar orders may expire in other states. This is true even when the situation that originally justified the restraining order no longer exists, and the order is no longer needed to protect the victim.

If you are living with an old Final Restraining Order from Bergen County and your circumstances have changed significantly, you may be eligible to have it vacated. Our attorneys handle motions to vacate Final Restraining Orders across New Jersey, with extensive experience in the Bergen County Superior Court in Hackensack.

Can I Remove a Restraining Order in Bergen County After 10 Years?

Yes, in some cases. New Jersey courts will consider a motion to vacate a Final Restraining Order when the defendant can demonstrate a significant change in circumstances and good cause for removal. The standard is set out in the case of Carfagno v. Carfagno, 288 N.J. Super. 424, 434-435, 672 A.2d 751 (Ch. Div. 1995), which controls how Family Part judges evaluate these motions throughout the state.

A recent client of The Tormey Law Firm sought to have a restraining order vacated in the Bergen County Superior Court. The client had never been accused of violating the restraining order, and the original order had not been issued for any violent crime. He was now a successful independent business owner who had been stopped repeatedly by U.S. Customs and Border Protection upon re-entry to the United States because the restraining order remained on his record — even though he had not had contact with the victim in years and there was no continuing need for the order.

Am I a Good Candidate to Have a Bergen County Restraining Order Lifted and Vacated?

The court will weigh eleven factors set out in Carfagno v. Carfagno when deciding whether to dissolve a permanent restraining order:

1. Whether the victim consents to lifting 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 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
11. Any other factors the court deems relevant

The motion to vacate must be filed in the county where the restraining order was originally issued. For Bergen County orders, that means filing here:

Bergen County Superior Court, Family Division
10 Main Street
Hackensack, NJ 07601
201-221-0700

Carfagno Motion Granted in Bergen County: Final Restraining Order Removed

Our attorneys recently petitioned the Bergen County Superior Court to remove a Final Restraining Order issued in 2010 against an out-of-state client. The order had created a continuing burden that prevented career advancement and limited his ability to provide for his family.

The original case involved allegations that our client had sent inappropriate photos to the plaintiff’s new fiancé while also accusing her of infidelity, and that he had called the plaintiff multiple times per day over several days and made threats. Based on those allegations, the Final Restraining Order was entered against him.

In the nine years following the issuance of the original order, there were no contempt actions filed for violating the restraining order. There had been one limited text-message contact between the parties, but no further incidents.

In the years that followed, our client moved out of New Jersey, married, and built a stable life. At the time of the motion, he had been married for approximately seven years and was raising his daughter and stepdaughter with his wife in Florida. He had also built a successful business and had no contact with law enforcement during that period.

We filed a motion to vacate the restraining order with supporting documentation in the Bergen County Family Division. After communicating with the victim’s attorney, we appeared for a testimonial hearing at which our client flew in from Florida to testify and the plaintiff also appeared and testified before the judge.

Despite the plaintiff’s opposition to lifting the order, the court agreed with our analysis under Carfagno. The judge found that there had been a significant change in circumstances since 2010 and that the restraining order was no longer necessary to protect the victim. The Final Restraining Order was vacated and dismissed.

What This Result Meant for Our Client

The dismissal of the Final Restraining Order had immediate, practical consequences:

• He is no longer subject to the continuing detention he had faced at airports during U.S. Customs and Border Protection re-entry screening.
• The stigma of an active restraining order on a background check is gone, removing a significant obstacle to career advancement.
• He is no longer prevented from owning firearms in New Jersey.
• His fingerprints and photograph will be removed from the New Jersey domestic violence offender database.

This case represents the kind of long-term relief that a successful Carfagno motion can deliver. Our client was able to leave Bergen County Superior Court confident that an event from a decade earlier would no longer interfere with his life going forward.

Frequently Asked Questions: Vacating a Final Restraining Order in Bergen County NJ

How long do I have to wait before filing a motion to vacate a Final Restraining Order?

There is no fixed waiting period under New Jersey law. What matters is whether you can demonstrate a significant change in circumstances since the order was entered and that the restraining order is no longer necessary to protect the victim under the Carfagno factors. In practice, more time without contempt issues, without further incidents, and with documented life changes (relocation, marriage, employment, counseling) generally strengthens a motion.

Does the victim have to agree to lift the restraining order?

No. Victim consent is one of the eleven Carfagno factors, but it is not required. Our recent Bergen County result was obtained over the plaintiff’s opposition. The court weighs all eleven factors together, and a defendant can succeed even when the victim opposes the motion, provided the totality of the factors supports removal.

What is a Carfagno motion?

A Carfagno motion is the procedure used in New Jersey Family Part to ask the court to vacate or dissolve a Final Restraining Order entered under the Prevention of Domestic Violence Act. It takes its name from the 1995 Chancery Division case Carfagno v. Carfagno, which established the eleven-factor test New Jersey courts apply to these motions.

Where do I file a motion to vacate a Bergen County restraining order?

The motion must be filed in the county where the original Final Restraining Order was issued. For Bergen County orders, that is the Family Division of the Bergen County Superior Court at 10 Main Street, Hackensack, NJ 07601.

Will I get a hearing if I file a motion to vacate?

Often, yes. If the court determines that the motion presents a prima facie case for relief, the judge will typically schedule a testimonial hearing where both parties can present testimony and evidence. Our recent Bergen County case involved a full hearing at which our client testified.

Will my fingerprints and photo be removed from the NJ domestic violence database if my restraining order is vacated?

Yes. When a Final Restraining Order is vacated, the defendant’s fingerprints and photograph are removed from the New Jersey domestic violence offender registry. Firearms restrictions tied to the restraining order are also lifted in New Jersey, although other independent disqualifiers may still apply.

Need a Lawyer to Remove an Old Restraining Order in Bergen County? We Can Help

If you are living with the consequences of a Final Restraining Order entered years ago in Bergen County and your circumstances have changed, our attorneys can review your case under the Carfagno factors and advise you on whether a motion to vacate is realistic. We have handled these motions across New Jersey, including successful results in the Bergen County Superior Court.

Call The Tormey Law Firm anytime at (908) 336-5008 for a free consultation about your case.