How is a Restraining Order Lifted?

A restraining order can provide much-needed protection to a person who is experiencing unwanted contact from another individual. There may come a time when the circumstances have changed, and the restraining order is no longer necessary, at which point it may make sense to have it lifted. Whether you are the defendant or the individual who initially sought protection, our Cherry Hill restraining order attorneys are here to represent your interests.

What is a Restraining Order?

A restraining order, also known as a protective order, restricts the actions of another person with whom you want to limit or prevent contact while also providing other forms of relief. The order can specify who a defendant is permitted to have contact with, locations he or she is allowed to travel to, and other prohibited actions.

New Jersey has two types of restraining orders: temporary restraining orders and final restraining orders. A temporary restraining order (TRO) can go into effect immediately, providing temporary relief until a court hearing can be scheduled, typically within 10 days of its issuance. At the hearing, a judge will hear both sides and issue a final restraining order (FRO), which will remain in effect until the plaintiff or defendant requests that it be lifted.

Process of Vacating a Restraining Order in NJ

If you are the defendant seeking to have the restraining order lifted, you will also need to file a motion to vacate with the court. Once your motion is filed and the plaintiff is served, a hearing will be scheduled. At the hearing, the judge will hear both sides (including the plaintiff’s reasons for objecting to vacating the order). Based on this information, the judge will make a ruling.

What Factors Does the Court Consider in Lifting a Restraining Order?

New Jersey courts consider the 11 factors established in *Carfagno vs. Carfagno *in dismissing a restraining order. Known as the Carfagno factors, these factors signify whether the defendant has “good cause” to vacate the order by examining whether:

1. The victim agrees to vacating the order
2. The victim fears the defendant
3. The current relationship between both parties
4. The defendant has been found in contempt of court for violating the order
5. The defendant abuses alcohol or uses recreational drugs
6. The defendant has a history of violence with other persons
7. The defendant has participated in counseling
8. The age and health of the defendant
9. The plaintiff is acting in good faith in opposing the defendant’s request to vacate the order
10. There are other restraining orders against the defendant
11. Any other relevant factors that must be taken into account when considering a dismissal

The court attempts to consider the entirety of circumstances before modifying or removing an order. Do not assume that if the plaintiff is unwilling to lift the restraining order, the court will automatically deny your motion. Whether you are objecting to lifting a restraining order or you are a defendant seeking to have it removed from your record, our Cherry Hill restraining order lawyers are available to represent you.

Speak with Our Cherry Hill Restraining Order Attorneys Today

A restraining order is designed to protect vulnerable persons from harm. If you are interested in having an old order removed from your record or if you object to a restraining order being vacated, The Law Offices of Christopher St. John is here to assist you. To learn more about our services, contact us online or by phone to schedule your free consultation with one of our Cherry Hill restraining order lawyers.