Vacate an Old Final Restraining Order in New Jersey From my Record

Morris County Restraining Order Lawyers with offices in Morristown, New Jersey

Morris County Restraining Order Help

Unlike some other states, a restraining order in New Jersey is permanent and never expires. So, if you have had a final restraining order (FRO) issued against you, you must take action or you will be dealing with it forever. This includes the fingerprints, being placed in a statewide database for domestic violence offenders, the inability to own or possess firearms, and the fact that this restraining order could effect your job, employment, professional licenses, traveling in and out of the country, etc. As a result, if it is possible to remove this permanent restraining order from your background, it is imperative that you take action to do this today. Our Morris County NJ restraining order lawyers are very familiar with the restraining order laws in NJ and how to file a motion to potentially remove this restraining order from your record. With offices in Morristown, NJ, we appear in the Morris County Superior Court on restraining order cases every week and are more than capable of handling this matter for you from beginning to end. We represent clients with domestic violence cases in Mount Olive, Budd Lake, Dover, Denville, and Parsippany. Contact our offices now for immediate assistance at 908-336-5008. The initial consultation is always provided at absolutely no cost to you.

Here is a review from one of our many satisfied restraining order clients in NJ:

“Case dismissed with Data Driven Facts”

5.0 stars

Posted by Shoubhik

“Travis dealt my case with passion, professionalism and punctuality. The flat fee was very reasonable for the amount of effort that had to be put in the case (4 hearings). Travis helped me arrange all the data I had gathered for my defense. His thoroughness with my case and his knowledge of the law were quite evident when he presented the closing summary in front of the judge. I would highly recommend him to prospective clients.”

Remove a Final Restraining Order in Morris County NJ

If a final restraining order has been issued against you, there are essentially three ways to have it removed.

APPEAL:

The first way is to appeal the issuance of the order by the judge, but you only have 45 days to do that from the issuance of the order. If that time has expired, then this is no longer an option for you. If you are still within the 45 day appeal period, you can file an appeal to the Appellate Division in Trenton. There must be a basis for the appeal such as a mistake of fact, mistake of law, the plaintiff failed to meet the burden of proof, the judge improperly considered evidence, etc.

VOLUNTARY DISMISSAL:

The second option to have a final restraining order removed is if the victim voluntarily dismisses it. However, you cannot contact the plaintiff to see if they are willing to do that because that would be a violation of the restraining order and you would be arrested and charged with contempt of court. If the victim does voluntarily wish to dismiss the order, he or she must appear in court and place this on the record. The judge will confirm that they are doing so freely and voluntarily and that they are not being forced to do so. Once the judge confirms this, the restraining order will be vacated and dismissed.

MOTION TO REMOVE PERMANENT RESTRAINING ORDER:

The third option is to file a motion to have the restraining order removed. You must show the court that there has been a change in circumstances since the issuance of the order such as time passing, parties moving out of state, that there have been no violations of the initial order, that the defendant has no other restraining orders from other people, that the defendant has undergone counseling (if applicable) and that the restraining order is no longer necessary to protect the plaintiff. If the motion is successful, the final restraining order will be vacated by the judge and dismissed. If the motion is denied by the court, then the final restraining order remains in place.

Once the motion is filed, the plaintiff must be served with the paperwork and have an opportunity to oppose the motion (in writing). Some Plaintiffs consent to the removal. Others oppose it and do so in writing and also appear for the motion hearing to be heard by the Judge. The Judge will consider the testimony of both parties at the motion hearing as well as the paperwork submitted and then make a ruling – either grant the motion and dismiss the restraining order or deny the motion and the final restraining order remains in effect.

NOTE: If a temporary or final restraining order was issued against you and then dismissed, there is nothing to expunge or remove from your record because a restraining order is civil in NJ, not criminal. However, if you were arrested for a violation of that restraining order, then there is an arrest record that should be expunged.

Morris County Domestic Violence Lawyers – Free Consultations

For more information regarding removal of a restraining order in New Jersey, contact our experienced NJ restraining order attorneys now for immediate assistance at 908-336-5008. The initial consultation is always provided at absolutely no cost to you.