Help with Restraining Order Removal Morris County NJ
“Here, the client contacted us for assistance removing an old final restraining order (FRO) that was issued against him 28 years ago in the Morristown Superior Court. In this case, we filed the motion and the Judge granted our application – case dismissed.”
Remove Old Restraining Order Morris County NJ
If you had a final restraining order issued against you in Morris County NJ, this is permanent and never expires. However, you can file a motion to try to have it removed if you can show the court that it is no longer necessary. Here is an example of a permanent restraining order being removed in Morristown NJ for one of our clients.
The Morris County domestic violence lawyers at our law firm recently assisted a client in removing two old restraining orders that he was involved with, one from 1990 and one from 1996. The one from 1996, he was the plaintiff (victim) and the restraining order was against his brother. We assisted the client in appearing in court and voluntarily dismissing the restraining order against his brother. Then, he was the defendant in a restraining order with his ex-wife from 1990. We had to file a motion to have this old restraining order removed. You must show the Judge that there has been a significant change in circumstances such that the final restraining order is no longer necessary and should be vacated and dismissed. In the last 28 years, there have been no violations of the restraining order. Our client no longer lives in New Jersey (he lives in Pennsylvania) and he is remarried and has clearly moved on with his life.
When filing the motion to vacate the 1990 restraining order, you must serve the plaintiff with a copy of the motion papers. He or she must know that the restraining order is being challenged and will have an opportunity to respond in writing and appear at the court date and object if they wish to. In this case, the plaintiff was served with the motion and she did not object to the restraining order being removed. She did not appear in court for the court date. We argued the motion and the Judge agreed that the restraining order should be lifted and was no longer necessary to protect the plaintiff.
Lawyer to Remove an Old Restraining Order Morris County NJ – Travis J. Tormey
This was a great result for our client and the law firm. If you or a loved one needs assistance with a domestic violence case in Morris County NJ, contact our Morristown offices anytime for a free initial consultation at 908-336-5008.
