Remove a Final Restraining Order in Morris County NJ
File a Motion to Remove a Permanent Restraining Order NJ Help
Remove an Old Restraining Order NJ
Our domestic violence lawyers recently represented a client who had a final restraining order issued against him in 1996 in Morris County NJ. Unlike some other states, restraining orders are permanent and never expire. It can be very burdensome to a defendant including fingerprints and being placed into a database for domestic violence offenders. In addition, the defendant is prohibited from owning or possessing firearms. Finally, it can effect jobs, professional licenses, and immigration status.
It is possible to have a permanent restraining order removed in NJ in certain cases. After a significant amount of time has passed, a defendant can file a motion to have it vacated/lifted. They must show that there has been a change in circumstances such that the restraining order is no longer necessary. Typically, as time passes, people move on with their lives and there are a number of factors a judge will consider. For example, do the parties have anything in common anymore (such as children). Do they live in the same state or anywhere close to each other. Have there ever been any violations of the restraining order? Has the defendant moved on with a new partner, are they married or have children with someone else? All of these things tend to show that the restraining order is no longer necessary and the plaintiff no longer needs the protection of the court.
In this case, the defendant hired us to remove a restraining order issued in Morristown after 22 years. The parties do not have any children together, there were never any violations of the restraining order, and the defendant has now been happily married to someone else for 20 years with 2 children. The restraining order is effecting his ability to travel in and out of the country as he is typically detained and questioned at the airport regarding this old restraining order.
We served the motion on the plaintiff and she did not object. The plaintiff has an opportunity to appear for the motion and object if they want the restraining order to stay in place. However, the judge may still remove it over their objection if there are substantial grounds for the removal. In this case, the judge granted the motion and removed the restraining order.
How do I remove a Final Restraining Order NJ?
This was a great result for our client and the Tormey Law Firm. If you need assistance getting rid of an old restraining order in NJ, contact our office now for a free consultation.
