Vacating a Restraining Order in NJ
NJ Restraining Order Lawyers with offices in Hackensack, Morristown, Newark
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.
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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.
Jersey City 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.