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Vacating a Restraining Order

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William A ProettaReviewsout of 30 reviews Keith G OliverReviewsout of 55 reviews

Somerset County NJ Vacating a Restraining Order Attorney

New Jersey Vacating Restraining Order LawyerIf you or a loved one has had a final restraining order imposed against them in New Jersey it is important to know when and even if the restraining order can ever be removed. Unlike most other states, restraining orders in New Jersey are indefinite.  In other words, unless one of the involved parties petitions the court the remove a final restraining order, it will last forever. Restraining orders can prove to be very problematic for most. The restrictions and the dark cloud that constantly hangs over someone’s head when a final restraining order has been imposed can be overwhelming and frustrating at times. That is why at Proetta & Oliver we strongly recommend that once it is feasible, that a Defendant petition the court to remove the restraining order. Our attorneys fully understand the frustration and the complications that a final restraining order can bring to someone life. If you would like to speak to one of our domestic violence defense attorneys about removing a final restraining order, then please contact us at 908-533-1064. Our attorneys serve all of Somerset and Hunterdon County. Also, as always, our initial consultations are free of cost, so if you have any questions, please do not hesitate to contact us.

Can I Vacated a Restraining Order in NJ?

In New Jersey there are basically two ways in which a Defendant can have a final restraining order removed, they are a voluntary dismissal by the issuing party or the granting of a motion to vacate said order by a Judge. The easiest and unfortunately the least common way is if the issuing party, more commonly referred to as the “plaintiff”, voluntarily dismisses the order. In order to do so the plaintiff would first need to come to the courthouse and speak to a domestic violence counselor. Once that occurs and it is clear that the plaintiff understands their rights and the ramifications of their request, they will be brought in front of a Judge to reiterate the same. If the Judge concludes that the plaintiff is doing so freely and voluntarily, the final restraining order will be vacated.

The second way and more often than not, the most common way in which a final restraining order is vacated in New Jersey is by way of a formal motion to vacate. When filling this motion, the Defendant is basically arguing a change in circumstances has occurred and as a result, the final restraining order is not longer necessary.  Some of the key things the court will look to when trying to determine whether a change in circumstances has really occurred are:

  • How long has elapsed since the issuing of the FRO,
  • Have the parties moved on (ie re-married / started new lives),
  • Have one or both of the parties left the State,
  • Have the kids reached an age where communication between the parties is no longer necessary,
  • Does the Plaintiff oppose the vacating of the FRO.

The most important factor that the courts will look to is how long has elapsed since the issuing of the FRO. If a substantially period of time, at least a couple years, has not elapsed, the courts are usually reluctant to grant the motion to vacate. This motion can become very complicated and often requires the assistance of an experienced domestic violence defense attorney. To speak to one of our Hunterdon County domestic violence defense lawyers today, please contact us at 908-533-1064.

Removing Restraining Order Lawyer in New Jersey

Being scared with a final restraining order can become extremely burdensome at times and more often than not, the original reasons behind the issuing of the restraining order no longer exist. That is why we strongly recommend that as soon as it is plausible, that a Defendant file a motion to vacate a final restraining order. As you can see from reading above, these motions can become complex at times and can hinge on even the smallest of details. If you would like to discuss your options with one of our Somerset County domestic violence defense attorneys, then please contact our Bridgewater office at 908-533-1064. One of our attorneys are available immediately for a free initial consultation today. Our office serves all of Somerset and Hunterdon County, including towns like Clinton, Readington, Union, Flemington, Plainfield, Bedminster, Franklin, Hillsborough, Bound Brook and Watchung.