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

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

Fight Restraining Order Morristown NJ best defense lawyers

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.

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.

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.

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, 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.

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.

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Experience You Can Trust

With unmatched knowledge and experience in the practice of law, the seasoned attorneys at The Tormey Law Firm are committed to serving their clients and tenaciously confronting the allegations against them.

We will examine every facet of your case in order to defend your constitutional rights and reputation.

With a dedicated legal advocate to assist you, our attorneys will ensure that you are never forced to navigate the complex legal process on your own.

The Tormey Law Firm

Morristown Location

55 Madison Avenue, Suite 400, Morristown, NJ 07960

(908) 336-5008 Directions

Areas we serve

All of Morris County including Boonton, Boonton Township, Butler, Chatham Borough, Chatham Township, Chester Borough, Chester Township, Denville Township, Dover, East Hanover Township, Florham Park, Hanover Township, Harding Township, Jefferson Township, Kinnelon, Lincoln Park, Long Hill Township, Madison, Mendham Borough, Mendham Township, Mine Hill Township, Mount Arlington, Montville, Morris Plains, Morris Township, Morristown, Mount Olive Township, Mountain Lakes, Netcong, Parsippany-Troy Hills Township, Pequannock Township, Randolph, Riverdale, Rockaway Borough, Rockaway Township, Roxbury Township, Victory Gardens, Washington Township, and Wharton.