Restraining Order Dissolution
New York City and New Jersey attorney James S. Friedman represents clients who have had a restraining order entered against them. There are many legitimate reasons to request restraining orders. However, many restraining orders are entered for invalid reasons, such as gaining the upper hand in divorce proceedings.
A restraining order can affect your life many years after it was issued
Having a restraining order on your record, even if it was entered many years ago, can prevent you from obtaining certain jobs, living in certain places or obtaining a professional license. Anything that leads to a routine background check can uncover the existence of a restraining order and harm your future. Depending on your circumstances, Mr. Friedman can help you apply to the court to have the restraining order dissolved.
Using all available resources to dissolve a restraining order
The process of dissolving a restraining order can be complicated. The person who requested the restraining order may have to appear in court to agree to the dissolution of the restraining order. Even if the victim agrees that the restraining order should be dissolved, the court will still look at a variety of factors before dissolving the order.
Factors considered before a dissolution is allowed
To arrive at a decision to dissolve the restraining order, the judge looks at:
- Whether the victim consents to the dissolution of the restraining order
- Whether the victim still fears the person against whom the order was issued
- Whether the victim has any ongoing contact with the defendant
- Whether there were any violations of the order while it was in place
- Whether the defendant has substance abuse problems
- Whether there were any violent acts committed by the defendant against the victim or other persons
- Whether the defendant participated in domestic violence counseling and
- The good faith of the victim in obtaining the order originally
Mr. Friedman understands how to structure an application that addresses the court's concerns so that the restraining order can be dissolved. Contact the criminal defense firm of James S. Friedman, LLC today to learn more about this procedure. Call Mr. Friedman at 866-484-1906 (toll free).
