Vacating a Restraining Order in NJ
NJ Restraining Order Lawyers with offices in Newark, New Jersey
Removing an old restraining order in New Jersey is possible and, because they are permanent and never expire, you must file a motion to have a final restraining order vacated or they will remain forever on your record and background.
If you or a loved one needs assistance vacating a restraining order in NJ, you have come to the right place. The NJ restraining order attorneys at the Tormey Law Firm LLC have extensive experience dealing with these issues in Family Court and have handled these cases is almost every county in the State of NJ including in Middlesex County, Monmouth County, Ocean County, and Somerset County. In addition, Mr. Tormey has been cited as a legal resource on domestic violence in several NJ publications and has appeared on CBS radio as a guest expert. As a result, our attorneys are ready and able to assist you with your restraining order matters immediately at 201-556-1570. The initial consultation is always provided free of charge.
Here is a five star review from one of our many satisfied restraining order clients:
Posted by Rose
“Great law firm. I emailed them on a Saturday night and Travis got back to me Sunday morning. He explained everything and put my mind at ease. One of his Associates Tom Ercolano was my lawyer. He did a great job and got a settlement with the other party”
How to Vacate a Restraining Order in NJ
In New Jersey, restraining orders are permanent and never expire. There are two main ways to vacate a restraining order if one has been entered against you. They are as follows:
- Voluntary dismissal: In these cases, the victim comes forward and decides that he or she no longer wants the restraining order in place. He or she must voluntarily come forward and tell the court that they want the restraining order removed. The victim will speak to a domestic violence counselor and sign some paperwork acknowledging their rights, that they are dismissing the restraining order freely and voluntarily, and then they will place these same wishes on the record in court with the judge. If the judge agrees, the restraining order will be dismissed.
- Motion to vacate a final restraining order (FRO): The second way to vacate a restraining order is by motion. You can file an application with the court to try and have the restraining order removed. This is different from an appeal of an issuance of a final restraining order. An appeal must be filed within 45 days of the court’s decision and basically says that the judge made a mistake and the restraining order should not have been issued in the first place. A motion to vacate, on the other hand, argues that there has been a “change in circumstances” such that the permanent restraining order is no longer necessary. For example, if the parties no longer reside in the same state that would be a good issue to raise with the court. Also, if the parties had younger children in common but now the children are grown and they don’t deal with each other anymore on a regular basis that would be a valid argument to make. Finally, the passage of time is crucial. If it has been 5 or 10 years and the parties have moved on with their lives, have new significant others, new family’s, etc. then the defendant can try and have the restraining order vacated because it is no longer necessary. It is also important to consider if the plaintiff still wants the restraining order in place, if he or she is still afraid of the defendant, and if there have been any violations of the restraining order while it has been in place.
Motion to Vacate an Old Restraining Order – The Carfagno Factors
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 the requisite good cause to vacate a final restraining order (FRO) and they are as follows:
(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.
The Judge will considers these factors, any paperwork submitted by both parties, and oral arguments and testimony to determine if a final restraining order should be removed.
Newark NJ Restraining Order Lawyers: The Tormey Law Firm LLC
For additional information regarding potentially vacating a permanent restraining order in NJ, contact the Tormey Law Firm for help. Our initial consultations with an experienced restraining order defense attorney are always provided free of charge at 201-556-1570.