Burlington Office


How to Remove a Restraining Order

Our law firm has successfully handled thousands of criminal, DWI, and municipal court charges throughout Burlington County and New Jersey.

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Can I Get a Restraining Order Removed  in NJ?

How to Lift a Restraining Order in NJ Attorneys
The short answer is yes. In situations where the two parties have reconciled and wish to remove the Order, this can be done by making a request with the court. A Final Restraining Order can be changed/modified or removed entirely based on a formal motion before the Burlington County Superior Court. Depending upon whether or not both parties consent to the change, the Judge may require a formal hearing on the merits of the motion. Unfortunately, the Judge will not simply drop the Restraining Order based on a phone call or verbal request. A record must be established to support on continuation, alteration, reduction or outright dismissal of a restraining order in New Jersey. Even if you and the victim have reconciled, you must be careful not to violate the Restraining Order until is has been altered or removed altogether. Contact between you two without a formal ruling of a court order subjects the defendant to criminal prosecution for Violation of Restraining Order. If you or your loved one seek to remove a Final Restraining Order, contact the Restraining Order law firm of Proetta, Oliver & Fay. Firm partner and former New Jersey Deputy Attorney General, William C. Fay, IV, will gladly sit down and discuss the merits of your case with you and help decide how best to proceed. Contact our Burlington County Office by calling 609-850-8284 today.

How Long Does a Restraining Order Last For in NJ?

Indefinitely. Unfortunately, most people do not realize the permanent nature of restraining orders and fail to take them seriously. This can cause headaches and hassles that last forever. In those scenarios where children are shared between the two parties, an indefinite restraining order limiting contact can be heart-breaking. For these reasons, we encourage anybody who has been served with a temporary restraining order to contact an experienced Burlington County Restraining Order Hearing Attorney. In the event that a Final Restraining Order has been entered, we may still petition the court for a modification or removal of the order, if the circumstances permit.

Does Reconciliation End a Restraining Order?

Possibly. A victim who reconciles with a defendant adjudicated of having committed domestic violence, by resuming their pre-complaint relationship, generally destroys the viability of a restraining order and serves as a de facto vacation of the order. The rationale is that if the situation that originally invoked the protection of the Act is resolved by the parties, then that resolution should ordinarily end the matter. However, the court will, nonetheless, examine the actuality of the reconciliation and analyze the factors set forth in N.J.S.A. 2C:25-29(a) in order to determine whether an order of protection was reasonably contemplated to exist between the parties.

Can I Get My Restraining Order Expunged?

No. Because domestic violence proceedings are civil in nature, N.J.S.A. 2C:52-6 and N.J.S.A. 2C:52-7, which relate to the expungement of criminal records. This remains the case even if the domestic violence charges are dismissed or withdrawn.

Reasons to Vacate a FRO in Burlington County NJ

Vacating a Final Restraining Order in New Jersey is not always an easy task. Generally, the courts have accepted to ways in which a restraining order may be terminated or altered. First is where the protected party (victim) applies to the court and judge, requested for the original order to be removed. There are further safeguards that the court employs before accepting this request that an attorney can discuss with you in greater detail. This is the rarer of the two scenarios.

Alternatively, the defendant can file a motion to Vacate a Final Restraining Order with the Burlington County Superior Court Judge (or in the county the original order was entered). While more popular, this option is far more difficult. There is a heavy burden to show the court why the Order should be vacated and most victims argue against the motion. The court will consider the following factors when ruling on your motion:

This only names a few of the issues the court will consider. Because these motions are fact-sensitive and vary case-by-case, we suggest you consult with an attorney about the merits of your potential motion. Call 609-850-8284 today to speak with an attorney at your earliest convenience.

Mount Holly Restraining Order Removal Attorneys

At Proetta, Oliver & Fay, we have a client-focused approach to the legal practice. We understand that every client and every case is different and unique in its own right. The tactics and strategies that work in one case may require alterations and different approaches in another. Our office serves all of Burlington County, including towns like Evesham Municipal Court, Moorestown Municipal Court, Southampton Municipal Court, Mansfield Municipal Court, Mount Laurel Municipal Court, Mount Holly Municipal Court, Pemberton Municipal Court and Bordentown Municipal Court. Our office offers free in-depth consultations, so if you would like to speak to one of our attorneys about your options, then please contact us directly at 609-850-8284.

Contact Us

Our phones are answered 24 hours a day. We are available weekdays during business hours. We also meet with clients on evenings and weekends by request. We have four office locations conveniently located in Jersey City, Edison, Middletown, Cranford, Burlington, and Hamilton. All major credit cards are accepted.

Burlington Office

525 Highway 73,
Suite 104, Marlton,
New Jersey 08053
Phone: 609-850-8284
By Appointment Only

Hamilton Office

100 Horizon Center
Boulevard, Hamilton,
New Jersey, 08691
By Appointment Only

Point Pleasant Office

3828 River Road,
Suite A, Point Pleasant,
New Jersey 08742
By Appointment Only

Middletown Office

180 Kings Highway,
Middletown Township,
New Jersey 07748
By Appointment Only