In a word yes. In New Jersey, Final Restraining Orders (FRO) are considered final – like forever. The FRO will remain in effect until the plaintiff dismisses it voluntarily or the court vacates the order upon motion by the defendant.
When an FRO is issued the defendant will be placed in the domestic violence registry and prohibited from owning or possessing firearms. Often times, the existence of the order can prevent a defendant from certain types of employment or even volunteer work.
How Could a Final Restraining Order Be Dissolved?
An FRO issued can vacated or dissolved only by court order upon a showing of good cause. N.J.S.A. 2C:25-29(d). A party requesting the dissolution of an FRO must make what is called a “prima facie showing” that good cause exists to vacate the order. What that means is that the moving party has to provide sufficient evidence to show that there is a reasonable basis to dissolve the order. That is established by showing that there have been substantial changes in the circumstances between the parties since the time of the entry of the original FRO. If you can establish that, then the court will order a plenary hearing (or mini-trial).
What Factors Are Considered When Vacating an FPO?
In the case of Carfagno v. Carfago, 288 N.J.Super 424 (Ch.Div.1995), Judge Dilts set forth a list of factors for the courts to consider in making this determination. The factors are:
- whether the victim consented to lift the restraining order;
- whether the victim fears the defendant;
- the nature of the relationship between the parties today;
- the number of times that the defendant has been convicted of contempt for violating the order;
- whether the defendant has a continuing involvement 11 A-3446-21 with drug or alcohol abuse;
- whether the defendant has been involved in other violent acts with other persons;
- whether the defendant has engaged in counseling;
- the age and health of the defendant;
- whether the victim is acting in good faith when opposing the defendant’s request;
- whether another jurisdiction has entered a restraining order protecting the victim from the defendant; and
- other factors deemed relevant by the court.
These are not checkboxes, but rather, the court considers the quality of the evidence relative to the factors that are the most relevant based on the facts of each case.
Using a New Jersey Lawyer to Dissolve Your PFO
If you have a FRO and want to dissolve it, then you need to consult with an experienced attorney who can guide you through the process. The motion is complex and must be presented with specific evidence to support the case. Once you have made the motion, a court will not entertain a second motion in the near future. Therefore, it is critical to have your ducks in a row.