Need to Get Rid of a Final Restraining Order in Sussex County NJ?

File a motion to vacate with our experienced Restraining Order Attorneys

Do you need to remove an old final restraining order (FRO) from your record in Sussex County? We can help. Here is a case we handled for a client there in early 2019 who hired us to do just that and we delivered with great success.

Motion to Remove a Restraining Order – Carfagno factors

A client hired us in early 2019 to file a motion to remove an old final restraining order that was issued against her in 2003 in the Sussex County Superior Court in Newton, NJ. The client was a perfect candidate to have this removed.

The landmark case that details which factors a Judge should consider when determining if a restraining order should be removed based on a significant change in circumstances which now makes the restraining order no longer necessary is Carfagno v. Carfagno, 288 N.J. Super. 424 (Ch. Div. 1995). The Court listed eleven factors a Judge must weigh to determine if a defendant established the requisite good cause to vacate a final restraining order (FRO) and they are as follows:

(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 abuse;

(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.

The Judge will considers these factors, any paperwork submitted by both parties, and oral arguments and testimony to determine if a final restraining order should be removed. In this case, the client never had any alleged violations of the restraining order. She had never had any contact with the plaintiff in 15 years. The initial restraining order was issued based on excessive phone calls (harassment) and there had never been any allegations of violence.

Our client has no criminal record and no history of substance abuse. She also has no other restraining orders issued against her. She has been happily married for 9 years and has a one year old child. She is gainfully employed. Based on all of these factors, and the massive amount of time that has elapsed since the issuance of the FRO (15 years), we filed a motion to have the restraining order vacated and dismissed based on a significant change in circumstances.

We filed a brief and a certification from the client detailing all of this information for the judge. We had to order the transcript from the original hearing and attach that to our motion papers according to the court rules. We also had to serve the motion papers on the plaintiff so they were aware of our application and they have an opportunity to object.

Hearing to Determine if Restraining Order Should be Removed – Testimony and Oral Argument

In this case, the motion was scheduled for a hearing before the Judge in Sussex County court. The judge reviewed our application and agreed with our motion to remove the final restraining order. The motion was granted and the FRO was vacated and dismissed. Now, she no longer has this permanent restraining order hanging over her head. Her fingerprints are removed from the domestic violence database and registry. She no longer can be arrested for contempt of court for violating the restraining order as it no longer exists.

Lawyer Needed to Remove Restraining Order Sussex County NJ? Contact Us

This was a great result for our client and the law firm. Contact us anytime for a free initial consultation regarding your case.