Order of Protection Vacated in Freehold NJ
Earlier this week, Keith G. Oliver, of Keith Oliver Criminal Law was able to secure the removal of a Final Restraining Order that was imposed against one of his clients back in 2016 in Monmouth County. Unfortunately, final restraining orders (FRO) in New Jersey do not expire. In other words, once a Final Order of Protection is entered, it can only be removed in one of two ways: by consent of the plaintiff or by an order of the Court after conducting a formal hearing. This is one of the main reasons an individual should never underestimate the significance of a final restraining order in New Jersey. If you or a loved one is currently subject to a final restraining order in Monmouth County or elsewhere in New Jersey, the Keith Oliver Criminal Law can help. Mr. Oliver, who heads up our Monmouth County practice has been helping individuals vacate orders of protection for more than a decade. If you would like to schedule a free initial consultation today, please contact our Middletown office at 732.858.6959. Now here is some more information on the specifics of the case referenced above.
Ways to Remove a Final Order of Protection in New Jersey
In October of 2021, our firm was contacted by an individual looking for assistance in vacating a final restraining order that had been imposed against him some years back in Monmouth County. It was evident after discussing the specifics of the case that the plaintiff was not going to consent to the vacating of the order of protection. Therefore, we knew we would have to petition the Court to vacate the restraining order. In order to better assess the case, we reviewed the initial temporary restraining order, the final order imposed, and the trial transcripts, which included the trial exhibits. It was obvious that the crux of the imposition of the final order of protection stemmed from what can only be categorized as a very bitter breakup. The testimony elicited throughout the trial involved a series of allegations surrounding rather significant domestic violence acts of cyber-harassment. Furthermore, despite this order being imposed about five years ago, the parties were involved in ongoing litigation up until about two years ago. Based on the tortured history of this case it was clear that the plaintiff was going to aggressively oppose the vacating of the order of protection. After reviewing all the evidence, we drafted and filed a formal motion to vacate the Final Order of Protection in the Monmouth County Superior Court. Pursuant to the relevant case law, we had in essence to convince the Judge that there is good cause to vacate the order of protection and that there is a substantial change in circumstances that make the current order oppressive or unjust. In determining whether good cause has been established, the Court must balance what is referred to as the Carfagno Factors, which are as follows:
- Does the victim consent to lifting the restraining order;
- Does the victim fear the defendant;
- The current nature of the relationship between the parties;
- Has the defendant been convicted of contempt for violating the order;
- Does the defendant have a continuing involvement with drug or alcohol abuse;
- Has the defendant been involved in other violent acts with other persons;
- Has the defendant engaged in counseling;
- The age and health of the defendant;
- Whether the victim is acting in good faith when opposing the defendant’s request;
- Has another jurisdiction entered a restraining order protecting the victim from the defendant; and
- Any other factors deemed relevant by the court.
After filing the motion, the matter was set down for a plenary hearing. At a plenary hearing, the Judge will require testimony from both parties as to their position. In addition, since both parties are required to testify, they will be subject to cross-examination by the opposing party. After taking the testimony and hearing the oral argument, the Judge ultimately decided that the Final Order of Protection is no longer necessary and that it should be vacated. This was a tremendous benefit for our client who has having a hard time obtaining employment as a result of this order of protection.
Speak to Monmouth County Lawyer about Vacating a Final Restraining Order Today
Keith Oliver Criminal Law has been defending those accused of acts of domestic violence in Courts throughout Monmouth County for over a decade. We handle all types of domestic violence matters including, temporary restraining orders, weapons forfeiture hearings, domestic violence harassment charges, vacating a final restraining order, and domestic violence assault charges. If you would like to schedule a free initial consultation today, please contact our office at 732.858.6959. We serve all of Monmouth County, including towns like Holmdel, Freehold, Hazlet, Matawan, Wall Township, Asbury Park, Ocean Township, Manalapan, and Keyport. If you have any questions whatsoever, please do not hesitate to contact us. As you can see, restraining orders in New Jersey have a long last effect and should not be taken lightly.
B.K. v. R.G. (2022)
These types of matters are very fact specific and require a well-rounded argument. For a free initial case assessment, please contact our office.
