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Need To Remove A Final Restraining Order? Here’s How

NJ Restraining Order Lawyers
Final Restraining Orders in New Jersey never expire. In other states, a Final Restraining Order will expire after a number of years. However, people in NJ are surprised to learn that they can't pass a security check because they still have a Retraining Order from twenty years ago.

Final Restraining Orders Hearings are no joke. In fact, they are really intense. Whether you choose our firm to represent you or not, it’s in your best interest to get a lawyer for your hearing.

final restraining orders never expire in new jersey

Final Restraining Order hearings must be taken seriously.

Don’t make the mistake of “just showing up” and being unprepared.
Unfortunately, too many clients 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 way to increase your chance of winning your Final Restraining Order hearing is by hiring a lawyer beforehand.

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:

But why is there a restraining order against me?

In New Jersey, Temporary Restraining Orders and Final Restraining Orders exist to protect real victims of Domestic Violence in New Jersey. The NJ State Police has a lot of information for domestic violence victims.

Do People Abuse The System?  Of course, it happens, but Domestic Violence is a very serious problem.

Problems often arise when you announce 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’re facing assault & harassment charges.

what happens if you lose at your 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 a 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.

Moral of the story?
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 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)

Factors the Court Considers in removing a 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.

Final Thoughts

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.
We’re here to help you. Call us for a free consultation.

Please visit the Areas We Serve & Practice Areas pages for more information.

 

How We Can Help

Regardless of the criminal charges you are facing, we are here to defend & protect you. Whether you are facing a restraining order, drug charge, theft charge, or aggravated assault charge, we are here to help you. Even a DWI case can really complicate your life.

If we can’t get your charges dismissed, we can either get them downgraded or place you in a diversionary program. The point is, our criminal defense lawyers will fight tirelessly to get you the best result possible. Take advantage of our free consultation to see how we can help.

Our Experience

You or a loved one have been arrested. Understandably, you are terrified & have a lot of questions. You’ve heard about plea bargains & probation, but the process is overwhelming. You want a local attorney near you to represent you.

Mr. Peyrouton is from Ridgewood & handles all types of criminal matters in New Jersey The New Jersey Law Journal recently published one of his articles on the subject of criminal law.

Our Practice Areas

Below you will find some but not all of our practice areas. Of course, if you do not see your criminal charges listed, feel free to contact us for a free consultation. We will meet with you to discuss your case & to answer all of your legal concerns. Se habla español tambien!

Areas We Serve

Get Help With Your Case

How Do Your Free Consultations Work?

There are plenty of excellent criminal lawyers in the Hackensack area. Most, if not all of them, offer free, 20-minute, consultations. However, our free consultations do not have a time limit. You will never feel rushed.

The best way for us to help you is to patiently listen to your side of the story. Your version of events will serve as the basis for your legal defense. It is during these initial meetings that your memory of the event is fresh in your mind. Why we would rush you during such an important aspect of your case.

We understand that your choice of attorney could mean the difference between your freedom and spending years behind bars. 

When you hire an attorney, you are entering a long-term relationship. For this reason, it is important that you feel comfortable with the team of Hackensack criminal lawyers that will represent you.

What our clients say about us

Peyrouton Law
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Greg Mick
Greg Mick
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Alan is truly a great attorney and a great man, he helped me with things I didn’t think could be fixable.
Jaisonnah M
Jaisonnah M
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I had a difficult case but Alan was able to get it settled and dismissed at a reasonable price.
Cathy Denis
Cathy Denis
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I would highly recommend Alan. He was very thorough and compassionate.
Greg Denis
Greg Denis
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I hired peyrouton law to represent me in three cases I had recently alen helped me through the hole thing he was there for me every time I called and explained what was going and what he was doing I wouldhighly recommend him he was the best attorney I have ever had
Aaron McCormick
Aaron McCormick
1704902656
I want to Personally Thank Alan at Peyrouton Lawfirm, LLC for his Professionalism, and Dedication in representing me. Not being from NJ, I’m So Glad I chose this Lawfirm to represent me in my Criminal Case. He was thorough from Start to Finish and the case was Dismissed. Thanks Again Alan at Peyrouton Lawfirm, LLC!!!
Sergio Herrera
Sergio Herrera
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I was in a dire situation and needed rapid legal aid. Alan managed to help me get my case dismissed and I can move on with my life. He is a great attorney, reasonable prices, ethical, and not afraid to be straightforward with you about your legal manners. I strongly recommend to hire him. I’ve looked up to him since I met him. Alan is fair and understanding and very professional. He’s a really good lawyer !! He has a cool office by the way!
Cynthia Faustin
Cynthia Faustin
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I encountered Alan when my back was against the wall. So many other lawyers were charging me an arm and a leg and I just could not afford it. Then Alan came in and helped me out tremendously. He was the first lawyer that I felt ACTUALLY listened to me and had my best interests in mind. From our very first conversation, I felt at ease. He and I were able to compromise on a payment and I felt very certain that I had found the right lawyer. Alan was able to get my charges dismissed and I will forever be grateful to him for his hard work. Thank you, thank you, and THANK YOU! God Bless you Alan!
Svitlana Kosturko
Svitlana Kosturko
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Peyrouton law is a great company to seek a responsible and helpful professional assistance. The results and outcomes were positive on my end due to Peyrouton Law firm. I recommend others to be refered and seek help with this Firm, all the information and feedback based my personal recent experience.
Yang L
Yang L
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I highly recommend Alan to anyone seeking a lawyer who is not only a legal expert but also a compassionate ally in the pursuit of justice. His dedication, professionalism, and extensive experience set him apart as a true advocate for those navigating the challenging waters of domestic violence cases. Thank you, Alan, for your exceptional service and unwavering commitment to justice.
Tim Kosturko
Tim Kosturko
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Allen took care of our legal issue professionally and quickly. Moreover, he is a decent man. Highly recommend him.
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