Final Restraining Order Vacated and Dismissed Morris County NJ Superior Court
Remove a Final Restraining Order Morris County NJ
Need Lawyer to File Motion to Remove an Old Restraining Order in Morristown?
Do you need an attorney to file a motion to remove an old restraining order that was issued against you in Morris County? Contact us now for a free consultation.
The restraining order lawyers at the Tormey Law Firm LLC recently helped a client vacate a final restraining order (known as “FRO”) against his son that was issued by the New Jersey Superior Court, Family Part, in Morristown, New Jersey. Our client was in a situation where his son used to have a drug addiction that led to violence and theft of family members’ property. Unfortunately, the situation escalated and required police involvement and resulted in the issuance of a FRO. But after time, the defendant completed a lengthy stay in an inpatient treatment facility and turned his life around. Eventually, our client learned of his son’s progress and he determined that he wanted to reconcile. The problem, however, was that only a judge of the Superior Court, Family Part can dismiss a restraining order. In other words, a plaintiff to a restraining order cannot say, “I don’t need this restraining order anymore” and then allow the defendant to violate. In fact, the violation of a restraining order in NJ is a criminal charge known as contempt and, if the police learn of a violation, the defendant will be arrested. After receiving a call from our client, we explained every aspect of what needed to be done to drop the restraining order and then helped him with the court procedure to achieve his goal of seeing his son again without placing his son in jeopardy of getting arrested.
Pursuant to the Prevention of Domestic Violence Act, the violation of a restraining order is a criminal offense in New Jersey. According to N.J.S.A. 2C:29-9(b), a person is guilty of a crime of the fourth degree if that person purposely or knowingly violates any provision in a restraining order and if the conduct that constitutes the violation is a separate crime or disorderly persons offense. In all other cases, the knowing violation of a restraining order is a disorderly persons offense. In other words, when the action that constitutes the violation of a restraining order is a crime or a disorderly persons offense in itself, then the defendant will be charged with a fourth degree crime. But when it comes to violations of a restraining order that are not independent criminal actions, such as a phone call or text message, then the defendant will be charged with a disorderly persons offense.
As mentioned above, the only way to get rid of a restraining order in New Jersey is by court order dismissing the restraining order and no matter how much a plaintiff may want to see the defendant or speak with the defendant on the phone, such actions will place the defendant at risk of being arrested and charged with contempt. Once in court, the plaintiff must speak to domestic violence counselors who explain the cycle of domestic violence and confirm that the plaintiff wants to dismiss the restraining order. In addition, the judge will question the plaintiff to verify that he or she understands their rights and that no one is forcing or threatening them to drop the restraining order. Only then will the judge dismiss the restraining order on the record in court and then the case is finally over.
Attorney Needed to Remove Old Restraining Order Morristown NJ
The restraining order lawyers at the Tormey Law Firm can help you with any needs related to restraining orders in the New Jersey Family Courts. Whether you are a plaintiff or defendant in a domestic violence case, the Tormey Law Firm can assist with filing for a temporary restraining order (TRO), preparing for a final restraining order trial, negotiating civil restraints, submitting a motion for vacating a final restraining order entered against you, appealing a FRO to the Appellate Division in Trenton, or applying to dismiss a final restraining order entered on your behalf.