The Morris County restraining order attorneys at the Tormey Law Firm LLC recently helped a client vacate a Final Restraining Order (FRO) that had been issued against his son in Morristown, New Jersey.
The NJ Superior Court, Family Part, in Morristown previously imposed the restraining order after an FRO hearing. However, the facts of the case were not simple. Our client’s son was addicted to drugs, with his drug addiction leading to violence against the family and theft of property. The situation eventually escalated, resulting in the police getting involved. This is what prompted the court to issue the restraining order.
After the passage of some time, during which the defendant completed treatment and evaluation at an inpatient drug treatment facility, the family made the decision to reconcile with their son. The problem was that the family did not have the legal authority to dismiss the restraining order; only a judge of the Superior Court, Family Part can ultimately dismiss an FRO in New Jersey. This means that the plaintiff in a restraining order case cannot permit the defendant to violate a restraining order. Moreover, the consequences of violating a restraining order in New Jersey are severe. Violation of a restraining order is a crime that can result in significant prison time.
Tormey Law Firm Contests Restraining Orders in Morris County, NJ
The client contacted the Tormey Law Firm because he needed help getting the restraining order dismissed. Our experienced domestic violence lawyers explained the nuances of restraining order laws in NJ and went over every aspect of the case. The goal was to navigate the legal system and allow the client to see his son again without putting the son in jeopardy of being arrested and jailed.
As set forth by the Prevention of Domestic Violence Act (PDVA), violation of a restraining order is a criminal offense in New Jersey. N.J.S.A. 2C:29-9(b) stipulates that a person commits criminal contempt, a crime of the fourth degree, when they purposely or knowingly violate any provision in a restraining order and if their conduct is also a separate crime or disorderly persons offense. In all other instances of knowingly violating a restraining order, the violation is classified as a disorderly persons offense. This means that violations that do not constitute independent criminal acts, such as merely placing a phone call or sending a text message, the defendant will likely be charged with a disorderly persons offense for violating their restraining order.
Removing a Restraining Order in NJ
The only way to vacate an FRO in New Jersey is through a court order that dismisses the restraining order. This is true regardless of how badly a plaintiff may want to get rid of the FRO.
The process for vacating a restraining order is complicated. The plaintiff must appear in court and talk to domestic violence counselors about the case. The counselors typically explain the cycle of domestic violence and make sure that the plaintiff truly wants to dismiss the restraining order. Moreover, the judge will question the plaintiff and ensure that the plaintiff understands their legal rights. The purpose of this questioning is to make sure that the plaintiff has not been threatened or forced to drop the FRO.
When the judge rules to vacate the restraining order, the case finally reaches its conclusion.
Contact Tormey Law Firm About Restraining Orders in Morris County
The restraining order attorneys at the Tormey Law Firm are prepared to help clients in restraining order cases in Morris County and elsewhere in New Jersey. Whether you are a plaintiff or a defendant in a domestic violence case, Travis Tormey and his team of restraining order lawyers can assist you when it comes to filing for a Temporary Restraining Order (TRO), preparing for a Final Restraining Order (FRO) hearing, negotiating civil restraints, filing a motion to vacate an FRO, or appealing an FRO to the Appellate Division in Trenton.