Table of Contents

Table of Contents

How Long Does A Final Restraining Order Last In NJ?

Final Restraining Orders Hearings are no joke.
Quite often, they are really intense and long trials.

final restraining orders never expire in new jersey

Clients make the mistake of not taking Final Restraining Order Hearings seriously.

Unfortunately, they try to retain us when it is too late.

All too often when a person gets a Temporary Restraining Order, they go to court alone for their Final Restraining Order hearing.

Sadly, when they learn that they cannot see their children, they call us.

By then, the only choice they have is to appeal their case.

Appeals are very expensive and very difficult to win.

The best chance to win is always at your Final Restraining Order hearing.

NJ Restraining Order Lawyers

What are the consequences of a final restraining order in NJ?

Not sure where they get it, but clients get bad information.

Temporary & Final Restraining Orders can seriously complicate family relationships.

Not being able to own a gun is the least of your worries.

Some of the consequences of a Final Restraining Order include:

  • A fine between $50.00 – $500.00.
  • You will have to make new living arrangements.
  • Finger-prints and a photo will be taken.
  • If you ever violate a Final Restraining Order, you will be charged criminally

Is there a NJ restraining order procedure?

Inevitably, many ex-partners abuse the legal system. 

In New Jersey, Temporary Restraining Orders and Final Restraining Orders
exist to protect real victims of Domestic Violence in New Jersey.

Do People Abuse The System? 

Of course it happens, but Domestic Violence is a very serious problem.

Problems often arise when a client announces an intention to break up or to get divorced.
The soon-to-be ex-partner or ex-spouse usually get very upset. 

Ending a relationship is very painful for both sides. 

We’ve all been there…

People become bitter and let their anger make choices for them.

Couples that shared a happy life are now enemies.

The person that you once trusted with your innermost secrets has betrayed you. 

Breaking up is the only option.

After you break up or initiate divorce proceedings, the unexpected occurs. 

Instead of starting a new life, you find yourself trapped in a nightmare.

what happens if you lose at your NJ final restraining order hearing?

As we explained before, if you lose at your final hearing, the consequences are much worse than people expect.

Clients may not care about lawfully possessing a firearm BUT they must know that their name enters a Domestic Violence Central Registry.

Don’t let this happen to you. It’s an ugly and terrible experience.

Our firm represented a client who went to her hearing all alone.

No surprise, she lost, and had an FRO entered against her.

Years passed and during one Holiday season, she decided to send her ex-husband a Christmas greeting.

Within 20 minutes she was in handcuffs & sitting in a police car. 

Turns out she never learned that FROs never expire in New Jersey.

6 years after the FRO was entered against her, she was now facing contempt charges.

Contempt charges carry heavy penalties including incarceration.

You must do everything in your power to fight the FRO at the hearing.

How To remove a Final Restraining Order in NJ

If you have a Final Restraining Order (FRO) issued against you, it will never expire unless:

  1. The person whom once feared you (Domestic Violence victim) changes his/her mind and asks the court to remove or lift the Final Restraining Order; or
  2. You appeal the decision of the court that issued the FRO and win; or
  3. After plenty of time has passed, you file a motion asking the court to “vacate” or “undo” the original order.

vacating a final restraining order in NJ

In order to vacate the FRO, we need to persuade the court that “Good Cause” exists to “undo” the FRO.

In order to establish that “Good Cause” exists.

Every Superior Court in New Jersey uses the factors from this case to determine if “Good Cause” exists: 

Carfagno v. Carfagno, 288 N.J.Super. 424 (Ch. Div. 1995)

What is the NJ standard for final restraining order?

In Carfagno, the court used the following factors to decide whether or not to vacate the defendant’s FRO.

Factors related to Victim

  1. Whether the victim consented to dismiss the restraining order;
  2. If the victim fears the defendant;
  3. The nature of the relationship between the parties today;

Factors related to Defendant

  1. The number of times that the defendant has been convicted of contempt for violating the order;
  2. Whether the defendant has a continuing involvement with drug or alcohol abuse;
  3. If the defendant has been involved in other violent acts with other persons;
  4. Whether the defendant has engaged in counseling;
  5. The age and health of the defendant;

The Totality of Circumstances Factors

  1. Whether the victim is acting in good faith when opposing the defendant’s request;
  2. If another jurisdiction has entered a restraining order protecting the victim from the defendant; and,
  3. Any other factors deemed relevant by the court.

In New Jersey, Final Restraining Orders never expire.

Once you have an FRO entered against you, it is super difficult to vacate.

If you are scheduled for a Final Restraining Order hearing, call us now so we can properly prepare. 

The prevention is always better than the cure.

We have extensive experience representing and defending clients accused of Domestic Violence in New Jersey.

 A properly prepared defense is the best defense against a Final Restraining Order.
Contact us today for immediate legal representation: 201-766-4800  or Complete our Online Form.

About the Author

Attorney At Law

Mr. Peyrouton is a Criminal Defense Attorney located in Hackensack, NJ.

His articles in the areas of Criminal Law have been published in The New Jersey Law Journal.

He is a distinguished author, trial attorney, and has had the privilege of arguing before the New Jersey Supreme Court.

Prior to becoming an attorney, Mr. Peyrouton was a world-class, competitive tennis player.

He is perfectly fluent in Spanish.

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NJSA - 2C:43-7.2.
Eligibility for parole;
persons convicted of certain violent crimes

a. A court imposing a sentence of incarceration for a crime of the first or second degree enumerated in subsection d. of this section shall fix a minimum term of 85% of the sentence imposed, during which the defendant shall not be eligible for parole.


b. The minimum term required by subsection a. of this section shall be fixed as a part of every sentence of incarceration imposed upon every conviction of a crime enumerated in subsection d. of this section, whether the sentence of incarceration is determined pursuant to N.J.S.2C:43-6, N.J.S.2C:43-7, N.J.S.2C:11-3 or any other provision of law, and shall be calculated based upon the sentence of incarceration actually imposed. The provisions of subsection a. of this section shall not be construed or applied to reduce the time that must be served before eligibility for parole by an inmate sentenced to a mandatory minimum period of incarceration. Solely for the purpose of calculating the minimum term of parole ineligibility pursuant to subsection a. of this section, a sentence of life imprisonment shall be deemed to be 75 years.


c. Notwithstanding any other provision of law to the contrary and in addition to any other sentence imposed, a court imposing a minimum period of parole ineligibility of 85 percent of the sentence pursuant to this section shall also impose a five-year term of parole supervision if the defendant is being sentenced for a crime of the first degree, or a three-year term of parole supervision if the defendant is being sentenced for a crime of the second degree. The term of parole supervision shall commence upon the completion of the sentence of incarceration imposed by the court pursuant to subsection a. of this section unless the defendant is serving a sentence of incarceration for another crime at the time he completes the sentence of incarceration imposed pursuant to subsection a., in which case the term of parole supervision shall commence immediately upon the defendant’s release from incarceration. During the term of parole supervision the defendant shall remain in release status in the community in the legal custody of the Commissioner of the Department of Corrections and shall be supervised by the State Parole Board as if on parole and shall be subject to the provisions and conditions

Felony Degree

Prison & Fines

Examples

First-Degree

1st-degree felony charges in NJ are reserved for the most serious criminal offenses.

Second-Degree

2nd-degree felony charges carry 5-10 yrs in prison.
These charges can often be “downgraded” to 3rd or 4th-degree crimes.

Third-Degree

3rd-degree felony charges carry 3-5 years.
You have a good shot at PTI if you are charged with 3rd-degree.

Fourth-Degree

4th-degree felony charges carry up to 18 months in jail. But if you have a really good lawyer, he may be able to your case “remanded” to a lower court. In this way, you will be out of “felony” danger.