File Motion to Vacate Permanent Restraining Order NJ
Do you need to remove an old final restraining order (FRO) from your record in New Jersey? We can help. Here is a case we handled for a client in Sussex County in early 2019 who hired us to do just that and we delivered with great success.
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. She 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 have to order the transcript from the original hearing and attach that to our motion papers according to the court rules. We also have to serve the motion papers on the plaintiff so they are aware of our application and they have an opportunity to object.
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. She will be removed from the domestic violence database. However, if she applies for a firearms purchasing or carry permit in the future, law enforcement may raise this as an issue if they choose to object to her permit application approval. She no longer can be arrested for contempt of court for violating the restraining order, as it no longer exists.
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.