Removing a Final Restraining Order
Monmouth County NJ Vacating a Restraining Order Lawyer
Being served with a temporary restraining order (TRO) is burdensome. However when the TRO becomes a final restraining order (FRO) it can become extremely problematic for most. Being prohibited from speaking to someone, having to avoid certain places and losing your right to bear arms are just a few of the ramifications of a FRO in New Jersey. To make matters worse, unlike most other states, restraining orders in New Jersey are indefinite. In other words, they do not go away. In fact, there are really only two ways in which a someone can remove a restraining order. For more information on those options, please see below. If you would like to speak to one of our Monmouth County domestic violence defense attorneys today about your options, then please contact our Middletown office at 732-858-6959. One of our attorneys will be glad to go over the specific of your case and we will give you our honest feedback on if and how we think we can be of assistance. Our office serves all of Monmouth County, including towns like Tinton Falls, Neptune, Howell, Middletown, Holmdel, Wall Township, Eatontown, Manalapan and Englishtown. As always, our initial consultations are always free of costs. So, if you have any questions whatsoever, please do not hesitate to contact us.
When Do Restraining Orders Expire in New Jersey?
They don’t. As touched upon earlier, final restraining orders in New Jersey never expire. Even if the parties decide to rekindle their relationship or decide to act as if the restraining order is no longer in place, the Defendant in the underlying restraining order is still in violation of the order, regardless of what the protected party states. That is why we strongly recommend that as soon as a Defendant is eligible to file a motion to vacate a restraining order, they do. Here is some information on when and how a final restraining order can be vacated in New Jersey.
How to Vacate a FRO in New Jersey
In New Jersey, there is in essence two ways in which a restraining order can legally be removed. The first, and the least common way, is where the protected party, also known as the plaintiff, petitions a superior court Judge in the county where the order was originally granted to remove said order. Before doing so, the plaintiff will be forced to speak to a domestic violence counselor to make sure that they are aware of what they are doing. Once that occurs, the plaintiff will then go in front of a Judge and if the Judge concludes that the plaintiff is aware of the ramifications of removing said order and that they are doing so freely and voluntarily, the order will be vacated.
The second and most common method, is by way of filing a formal motion to vacate the final restraining order. In this situation, the Defendant will be filing a motion with the superior court in the county where the order was originally granted, seeking to convenience the Judge that there has been a change in circumstances and as such, the restraining order is no longer necessary. This is no easy task and it normally takes a substantial period of time to elapse before a Judge will actually entertain the order. Some of the key factors that the Judges will look to when deciding if a FRO should be vacated include the following:
- How much time has elapsed since the FRO was granted?
- Have the parties moved on?
- Do they still live in the State?
- Does the plaintiff oppose the motion?
- Where their kids involved? How old are the kids now?
- The underlying facts surrounding the initial FRO?
These are just a few things that a Judge will look to when trying to determine if a motion to vacate a restraining order should be granted. As you can see, these motions are very fact sensitive and that is why we strongly recommend that if you or a loved one is considering filing a motion to remove a restraining order that you consult with an experienced domestic violence defense lawyer. If you would like to schedule a free consultation with one of our Monmouth County criminal defense attorney, then please contact our Middletown office at 732-858-6959 or email us.
Removing Restraining Order Attorney in NJ
At Proetta & Oliver our attorneys are well aware of what a final restraining order can do to someones life. The ramifications and the hurdles they inevitably put into place are severe. That is why we strongly recommend that if a FRO is granted, that as soon as it is feasible, a Defendant petition the court to remove the order. Our office serves all of Monmouth County, including towns like Ocean Township, West Long Branch, Asbury Park, Marlboro, Atlantic Highland, Freehold, Neptune and Brielle. Our office offers free in-depth consultations, so if you would like to speak to one of our attorneys about your options, then please contact us directly at 732-858-6959.