Judge Convinced to Drop a Protection Order after a Decade in Monmouth County NJ
Local Attorneys get a Protection Order Dropped in Monmouth County Superior Court after 10 Years
Earlier this year Proetta, Oliver & Fay was hired by an individual to help remove a final restraining order that was issued in Monmouth County about a decade ago. The final order of protection was imposed after the individual had underwent a final restraining order hearing in the Chancery Division, Family Part of the Monmouth County Superior Courthouse. The victim in the matter, which was the individual’s ex-wife, had alleged that she was being harassed by him, especially during their custody exchanges. The act of domestic violence took place in Marlboro Township. When we were first contacted by our client it was apparent how important this removal was for him. Like many others, the final order was about to significantly hinder his ability to secure his dream job, something he had been working towards for six years. Unfortunately this tends to happen all too often, especially years later. Unlike almost every other states in the Country, final orders of protection in New Jersey are permanent. In other words, they never expire. So, the devastating consequences that tend to come with a final order of protection, like providing temporary financial support to the victim; being prohibited from returning to your residence; temporary loss of temporary custody/visitation with your children; being prohibited from possessing weapons and being placed in the domestic violence registry will remain. With that being said, a motion to vacate can be filed and if successful, the final order will be vacated.
Arguing the Carfagno Factors at a Hearing to Cancel a Restraining Order
In order to be successful a motion to vacate a final restraining order, a formal hearing must be conducted. During this hearing both parties will be called upon to testify as well as be subject to cross examination. The Court will then be required to conduct a three-prong test. First, the moving party must establish “good cause.” The Court will make this determination by analyzing what is known as the Carfagno Factors. If good cause has been established, the moving party then has to show that a substantial change in circumstances has occurred. Lastly, the Court will have to review the transcripts from the original hearing to fully understand why the original order as granted. If the Court is satisfied that the individual has meet the three prong test, then the final order can be vacated. It is important to note here, that if the transcripts have been destroyed, the Court will seek to elicit testimony from the both parties in an effort to recreate the testimony taken from the hearing.
After speaking to our client about the facts and circumstances surrounding why he was seeking to remove the order as well as reviewing the transcripts from the hearing, we filed the motion with the Family Division of the Monmouth County Superior Court. A hearing date was set about 45 days out and after hearing testimony, the Court concluded that we had satisfied the three prong test and that the order would be vacated. This was a tremendous result for our client, as he is now able to secure his dream job.
I want to Dismiss a Final Order of Protection out of Marlboro Township
Thinking that you are counted out of the justice system once a final order of protection has been issued against you? That is far from the case. With that being said, orders of protection in New Jersey are always complicated and tend to involve significant amount of emotion. The same can be said when an individual is seeking to petition the Court to vacate a final restraining order. These hearings are very fact sensitive and often require well thought-out legal arguments. As touched upon earlier, in New Jersey, final restraining orders are permanent and that was the choice the legislature made when enacting New Jersey’s Domestic Violence Prevention Act. Therefore, it should come as no surprise to hear that these hearings are carefully scrutinized. If you or a loved one is considering seeking to vacate a final order of protection in New Jersey, we strongly urge that you speak to an experienced domestic violence defense attorney about your case. Our office serves all of Monmouth County, including towns like Middletown, Howell, Rumson, Little Silver, Freehold, Asbury Park, Aberdeen, Colts Neck and Holmdel. If you would like to speak to one of our attorneys about your options, please feel free to contact at (732)-858-6959.
T.B-G. v. J.S. (2021)