Bergen County NJ Restraining Order Vacated After 20 Years
Remove Old Restraining Order Hackensack NJ – Motion to Vacate
Do you need to remove an old restraining order in Hackensack? We can help.
The Hackensack NJ Restraining Order Attorneys of the Tormey Law Firm LLC recently represented a client who had a final restraining order (FRO) issued against him twenty (20) years ago in the Family Division of the Bergen County Superior Court located in Hackensack, NJ. The original restraining order was issued based on the predicate act of harassment and was issued in 1997. As many of you know, restraining orders in New Jersey are permanent and never expire. The client reached out to the Tormey Law Firm after 20 years to inquire about having the restraining order lifted.
In order to vacate a permanent restraining order in NJ, either the victim can do so voluntarily or a Judge can do so showing good cause on a motion. However, the Judge may also deny the motion and leave the permanent restraining order in place. In this case, we filed a motion to vacate the FRO in Bergen County after 20 years based on a change of circumstances and that the restraining order was no longer necessary. Here, there were never any violations in the 20 years that the FRO was in place, the victim lives in Texas now and our client lives in New Jersey so there was really no need for the restraining order any longer. The plaintiff must be served with the motion and have notice that the restraining order may be lifted by the Judge. Then, the parties appear in court and the defendant places their argument on the record regarding the change of circumstances and that the restraining order is no longer necessary and should be vacated. Then, the plaintiff can oppose that motion if they choose or agree to the motion and consent to the restraining order being lifted. Finally, if the plaintiff opposes the motion to vacate, the Judge makes the final decision whether or not to leave the restraining order in place. Luckily, in this case, the plaintiff did not appear in court and oppose the motion and the Judge determined that the restraining order was no longer necessary after 20 years based on the fact that there were no violations and that the parties lived in different parts of the country. This was a great result for our client and the Tormey Law Firm LLC.
Motion to Remove Final Restraining Order Bergen County NJ
If you or a loved one needs assistance with a temporary or final restraining order matter in NJ, contact our NJ restraining order attorneys now for immediate assistance at (201)-330-4979. The initial consultation is always provided free of charge.