A Domestic Violence Restraining Order (FRO) in New Jersey is one of the most serious legal actions someone can face.
Unlike temporary restraining orders (TROs), which are issued before a formal hearing, a final restraining order (FRO) can last indefinitely once granted by a judge. However, there are legal pathways to have an FRO modified or removed, depending on the circumstances.
If you’re facing the long-term impact of a restraining order, understanding your legal options is essential. This blog explores whether an FRO can be lifted, how the process works, and why having a skilled defense team like Reisig Criminal Defense & DWI Law is crucial.
Understanding Final Restraining Orders (FROs) in New Jersey
In New Jersey, an FRO is issued after a judge determines that domestic violence occurred and that continued protection is needed. The FRO legally restricts contact with the protected person and may include:
- No-contact orders (direct or indirect)
- Restrictions on entering specific locations
- Child custody limitations
- Firearm surrender requirements
An FRO remains active indefinitely unless either party successfully petitions the court for its removal.
Can an FRO Be Removed?
Yes, an FRO can be removed in New Jersey, but it isn’t easy. Either the protected party (the plaintiff) or the person subject to the FRO (the defendant) can request that the order be lifted, though the legal process differs depending on who initiates it.
1. When the Plaintiff Requests Removal
If the person protected by the FRO decides they no longer need the order, they can file a request to vacate the restraining order with the Family Court. A judge will review the request to ensure the plaintiff isn’t being pressured or threatened into removing the order. If satisfied, the court can dismiss the restraining order entirely.
2. When the Defendant Requests Removal
The defendant (the person the FRO is against) has a much harder path. To get an FRO removed, they must file a motion to dissolve the restraining order with the court. New Jersey law requires the court to consider a legal standard called the “Carfagno Factors.” These factors evaluate whether the FRO is still necessary to protect the plaintiff.
The Carfagno Factors
The Carfagno Factors come from a landmark New Jersey court case and guide judges in deciding whether to lift a restraining order. Key factors include:
- Time Passed Since the FRO Was Issued: Longer periods without incidents weigh in the defendant’s favor.
- Compliance with the FRO: A clean record of following the order’s terms is crucial.
- Current Risk of Harm: Judges assess whether the plaintiff still faces potential danger.
- Age and Circumstances: Changes in the lives of both parties can impact the decision.
If the court finds that the FRO is no longer necessary, the judge can dissolve it.
Why You Need an Experienced Attorney
Removing a restraining order in New Jersey is legally complex. You’ll need a lawyer who understands how to present compelling evidence, challenge the plaintiff’s claims, and build a strong argument based on the Carfagno Factors.
Why Choose Reisig Criminal Defense & DWI Law?
For nearly 30 years, Reisig Criminal Defense & DWI Law has fought successfully for clients in domestic violence cases throughout New Jersey. They understand the legal intricacies of restraining orders and have deep knowledge of how prosecutors and judges handle these cases in most NJ courts.
What Sets Them Apart?
- Proven Track Record: Thousands of clients have benefited from favorable case outcomes, including restraining order dismissals.
- Knowledge of NJ Law: They stay updated on legal developments, including evolving domestic violence laws.
- Strong Courtroom Advocacy: Their attorneys know how to present powerful arguments backed by clear, convincing evidence.
The Consequences of an Active FRO
An active FRO can impact every aspect of your life, including:
- Employment Opportunities: Certain jobs requiring background checks may be off-limits.
- Child Custody and Visitation Rights: Custody disputes often favor the protected party.
- Gun Ownership: Federal and state laws prohibit firearm possession for anyone subject to an FRO.
- Reputation and Social Stigma: A restraining order can damage personal relationships and professional standing.
Take Action to Protect Your Future
If you’re facing an FRO or need help with its removal, don’t navigate the legal system alone. Call Reisig Criminal Defense & DWI Law today at (732) 625-9661 for a free consultation. Their experienced legal team will assess your case, explain your options, and fight aggressively to protect your rights and restore your future.
Act now—your freedom, reputation, and future depend on the right legal representation.