Motion Granted for Removal of Final Restraining Order in NJ
May 7, 2019
Recently, a client retained our firm to Remove a Final Restraining Order that was entered in 1997. Our client had been arrested and charged with a series of felony offenses involving a domestic partner and was subsequently served with a Temporary Restraining Order. At the original Restraining Order Hearing, our client was unrepresented and the judge ruled in favor of the plaintiff (victim) and entered a Final Restraining Order. The burden of this restraining order haunted our client for over 20 years. That is until he contacted our office for help in removing the restraining order.
This past week, attorney William C. Fay, IV, Esq., argued a motion that was previously filed with the Superior Court for the Dissolution (Removal) of a Final Restraining Order. Mr. Fay was successful in the motion as the judge removed the restraining order, along with all of the burdensome restrictions that it carried. Our client was facing problems at work based entirely upon these restrictions. By winning a motion to remove a restraining order, we were able to give our client the peace of mind that he has fought for these past twenty (20) years.
How Can I Remove a NJ Restraining Order?
There are a variety of factors that the court will consider when a motion to remove a restraining order is filed. These factors are commonly referred to as the “Carfagno Factors.” These factors include the following: (1) whether the victim consented to lift the restraining order; (2) whether the victim fears the defendant; (3) the nature of the relationship between the parties today; (4) the number of times that the defendant has been convicted of contempt for violating the order; (5) whether the defendant has a continuing involvement with drug or alcohol use; (6) whether the defendant has been involved in other violent acts with other persons; (7) whether the defendant has engaged in counseling; (8) the age and health of the defendant; (9) whether the victim is acting in good faith when opposing the defendant’s request; (10) whether another jurisdiction has entered a restraining order protecting the victim from the defendant; and (11) other factors deemed relevant by the court.
If you are unfamiliar with the case law and how each of these factors is weighed, we suggest you contact an experienced Burlington County Restraining Order Attorney.
Mount Holly NJ Restraining Order Attorneys
If you or a loved one have been served with a Temporary Restraining Order or would like to file a motion to remove a Final Restraining Order, contact the Burlington County Restraining Order Lawyers at Proetta, Oliver & Fay. We can be reached 24/7 for your convenience and we will gladly assist you in your pending restraining order hearing or criminal charge for violating a restraining order. For an immediate and complimentary consultation, please contact our office today at (609) 850-8284.