Can I Get a Restraining Order Removed or Modified in NJ?
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. 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 ourBurlington County Officeby 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 expungementof 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:
Length of time that has elapsed since the Final Restraining Order was granted
Status of the Parties
Residence of the Victim and Defendant
Plaintiff’s Opinion on the Motion
Consideration of Children, should they be involved
General review of the allegations that led to the Restraining Order
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.
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 Mount Laurel, Point Pleasant, Princeton and Middletown. All major credit cards are accepted.