Se Habla Español 

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
4.9
Based on 276 reviews
Alysa Melero
Alysa Melero
1718415245
Makes a great confidant argument,and is such a comfort to have on our side!
Haitian Bokor Leonard Elmera
Haitian Bokor Leonard Elmera
1718408623
This guy deserves 10 stars he works and is assertive. He is a heavy weight champ in the court room BEST LAWYER EVER he worked on my girlfriend’s case and got a her a victory. He is very meticulous and orderly in his defense. This guy is outstanding. 🥊 BEST LAWYER EVER !
MetalBabe87 Metal High Priestess
MetalBabe87 Metal High Priestess
1718401673
I hired Al, for a Domestic Violence Situation. In the court system. He was beyond helpful. Very open and receptive. Communication was absolute key with him. He kept me in the know every email every text message. Communication was on point!He was and is very passionate. Leads with integrity boldness and truth. I have never seen so much tenacity in person. He was beyond helpful - explaining situations in the court system that I should expect.I highly recommend him. I will recommend him to any of my clients as well. He is absolutely excellent and straightforward. Definitely pushes the envelope and applies the pressure as a true lawyer should.Once again, I will absolutely recommend him for any cases in the future. An absolutely recommend him to friends and family. I hope to work with him again under better circumstances.Thank you so much - for your patience, guidance and help. You have been absolutely wonderful to work with.
Yvette Bariffe
Yvette Bariffe
1718395085
Navigating the criminal justice system can be a daunting and intimidating experience. However, Peyrouton Law demonstrates an exceptional ability to guide clients through this complex world with the utmost professionalism. The firm embodies a comprehensive combination of knowledge, experience, tenacity, and effective representation. When my 22-year-old son, who resides in Chicago but works in New Jersey, inadvertently neglected to place his legally registered firearm in his checked luggage, he found himself facing arrest. As a mother residing in Chicago, I was overwhelmed with fear and uncertainty, being unfamiliar with New Jersey's criminal justice system. Upon reaching out to Peyrouton Law, they diligently represented my son throughout his legal challenge, alleviating my anxiety and providing much-needed reassurance. I wholeheartedly endorse and recommend this exceptional law firm.
Anji Gomez
Anji Gomez
1718143485
El mejor abogado que pude aver encontrado cada audiencia me sentí confiada porque sabía que todo iba salir bien no ablo inglés y también mejor abogado en abla español súper bueno de confianza y pudo quitarme los cargos de los cuales estaba acusada lo recomiendo
jessica janicek
jessica janicek
1718121038
Jesus Temple
Jesus Temple
1717651101
I am very pleased with the choice I made, when I choose Peyrouton Law Firm. Allan is such a great person and listens to you carefully and applied pressure to your case.
Adrian Williams
Adrian Williams
1717650815
Allan has the best criminal attorney in New Jersey, he's a man of his word. If you in need of a criminal attorney search no more, here's one right here Peyrouton Law Firm.......
Bruce Mandell
Bruce Mandell
1717650349
Best lawyer there is hands down💙❤️💙
God is love
God is love
1717519337
Alan is a great experience good attorney hard working man 👨 looking for a good criminal lawyer Alan is the boss ❤️
js_loader