How to Vacate a Final Restraining Order in NJ

How long do Restraining Orders Last in NJ?

Trenton NJ Removing Restraining Order AttorneyA Final Restraining Order in New Jersey is indefinite. In fact, the only way that a final restraining order (FRO) can be removed in New Jersey is by a Judge. So, even if the parties decide to make immense or even rekindle their relationship, unless one of the parties petitions the courts to remove the FRO, the Defendant will still be in violation order and subject themselves to being charged with a violation of a restraining order. That is why we strongly recommend that if you or a loved one has a final restraining order that you speak to any experienced domestic violence defense attorney as soon as possible about your options. Having restrictions on where you can go or who you can talk to not to mention having that dark cloud hanging over your head, can be extremely frustrating. If you would like to speak to one of the domestic violence defense attorneys at Proetta & Oliver about vacating a final restraining order in Mercer County, then please do not hesitate to contact our Hamilton office at 609.789.0779. Our office serves all of Mercer County, including towns like Princeton, Hamilton, Ewing, West Windsor, East Windsor, Trenton and Robbinsville.

How Do You Remove a Final Restraining Order in NJ?

As touched upon above, final restraining orders in New Jersey last forever. That is unless one of the parties petitions the court to remove it. There are in essence two ways in which a final restraining order can be removed in New Jersey. First is when the victim, also known as plaintiff, petitions the court to remove the FRO. In order to do so the plaintiff would need to go to the family division of the superior court in the county where the order was granted and speak to a domestic violence counselor. Once the plaintiff is advised of their options and the potential dangers that may exist, they will be required to go before the Judge so that he/she could determine that the plaintiff is removing the order freely and voluntarily and that they are not being threatened to do so. This is obviously the easier of the two options, however, it tends to be the least common method. The second option is when the Defendant files a formal motion to vacate the restraining order. In this situation, the Defendant will be petitioning the court to remove the order by showing that there has been a substantial change in circumstances which makes the original order no longer necessary. In determining whether a change in circumstances has actually occurred, the court will look to some of the following factors:

  • How long has expired since the order was granted?
  • Has their been any violations?
  • Does the victim oppose the motion?
  • Do the parties still reside in the same state?
  • Are there any children in common? If so, how old are they?

Do I Need an Attorney to Remove a Restraining Order in NJ?

This is a very fact sensitive motion and as such, we strongly recommend that you speak to any attorney prior to filing the motion. If you would like to speak to one of our domestic violence defense attorneys about your options, then please contact our Hamilton office at 609-789-0779. One of our attorneys is available immediately to discuss your options, so if you have any questions please do not hesitate to call.

Vacating Restraining Order Lawyer in Princeton NJ

Being restricted and always looking over your shoulder to make sure that you are not violating a restraining order is no way to live. That is one of the many reasons that we strongly recommend that as soon as possible, a Defendant petitions the court to remove a restraining order. If you have served with a temporary restraining order, issued a final restraining order, charged with violating a restraining order or seeking to remove a restraining order, the Law Offices of Proetta & Oliver can help. We serve all of Mercer County, including towns like Hamilton, Hightstown, Ewing, Lawrenceville, Trenton and Hopewell.