Vacating a Restraining Order

Camden Attorneys for Vacating a Final Restraining Order

In Camden County, New Jersey, once a Final Restraining Order has been issued the order can only be dissolved in three different ways. First, it can be dissolved upon a motion by the defendant. There the defendant must provide a factual basis showing that circumstances changed substantially since the order was entered. Moreover, a defendant cannot move for dissolution until at least one (1) year following the final order’s issuance. Second, in order to vacate may be entered upon motion by the plaintiff showing that the desired dissolution is voluntary and absent coercion from another. Third, in order to vacate may be entered upon a showing that the individuals have substantially reconciled their relationship and circumstances indicate the repair is more than a fleeting occurrence.

The attorneys at our firm, the Law Offices of Jonathan F. Marshall, have assisted countless individuals in obtaining relief from a restraining order. Our Cherry Hill criminal firm is filled with experienced criminal attorneys, some of whom are former prosecutors, who can help you vacate a final/permanent restraining order. Call us at 856-662-8300 to speak to a skilled defense lawyer in a free initial consultation.

Petition to Dissolve on Behalf of Defendant

When a defendant files a motion with the court to dissolve an existing restraining order they should probably discuss the process with an experienced attorney. Defendants can permissibly file a motion to dissolve any time after one (1) year from the date of the order’s issuance. The defendant must provide sufficient factual evidence that the circumstances surrounding the parties’ relationship substantially changed since the court issued the order. The defendant must likely show that some underlying cause for the order no longer exists or has been rehabilitated. If the defendant can show a change in circumstances in his motion, then the court will grant a hearing to consider whether to amend or dissolve the restraining order.

Petition to Dissolve on Behalf of Plaintiff

When a plaintiff seeks to dissolve a final restraining order the requirements are less demanding. New Jersey courts are split regarding the standard that they apply for plaintiff petitions for dissolutions. Some courts merely require the plaintiff to show that they voluntarily want to revoke the order and that their request is free from coercion. Other courts require the plaintiff to provide the court with good cause reasons for why the order should be withdrawn. Plaintiffs are required to appear in court to perfect this motion to dissolve the order.

Reconciliation of the Relationship

Finally, an order can be withdrawn, due to impracticality, when the individuals reconcile their relationship. The reconciliation must be more than a single intimate instance. The individuals must show to the court a pattern of behavior that renders the restraining order inappropriate or unnecessary. In cases of reconciliation, the court will advise the plaintiff of the cycle of violence and the potential for future abuse.

Our Cherry Hill Criminal Attorneys Are Ready To Help You

The first step in obtaining dismissal of the restraining order against you is obtaining the services of a qualified restraining order attorney to assist you. The lawyers at our criminal defense firm in Cherry Hill are highly capable of serving this role for you. So call us for a free consultation to go over all of the facts of your case and to discuss what our attorneys believe is the best approach for securing an order from the court vacating the restraints. We are available immediately at 856-662-8300.