Dissolution of Restraining Orders

New Jersey Criminal Defense Attorney Defending Against Applications for Final Restraining Orders and Representing Clients on Motions to Dissolve Existing Final Restraining OrdersDissolution of Restraining Orders

New Jersey defense firm defense firm James S. Friedman LLC, represents clients who are named as defendants in applications for final restraining orders. The firm also represents defendants who seek to dissolve existing final restraining orders.

Temporary and Final Restraining Orders

The process of obtaining a final restraining order is relatively simple - perhaps too simple. It begins with the applicant's receipt of a temporary restraining order. A temporary restraining order is issued based upon information received solely from the applicant. The defendant does not typically have an opportunity to relate their version of the relevant events at this stage. Thus, the decision to issue the temporary restraining order stems from a completely one-sided presentation of the facts - the version that favors the applicant and is most harmful to the defendant.

Once the temporary restraining order is issued (and it usually is), the Court will schedule a hearing to determine whether the applicant is entitled to a final restraining order. The Court must make two findings at this hearing. It must first find that an act of harassment has occurred. It must then find that that the act of harassment and the surrounding circumstances warrant the issuance of a final restraining order. This hearing is like a mini-trial. It typically involves witness testimony and the presentation of physical evidence.

A final restraining order can affect your life many years after it was issued.
Having a final 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. In New Jersey, being the subject of a final restraining order is an automatic bar to obtaining a gun permit. In many respects, being subject to a final restraining order can have the same negative effect on your life as a criminal record.

Dissolving a Final Restraining Order

The process of dissolving a final restraining order can be complicated. A complete set of motion papers must be filed with the court and served upon the original applicant. If the order was entered years ago, it may be difficult to even locate the applicant for service purposes. Once served, the applicant may have to appear in court to agree to the dissolution of the final restraining order, or testify as to why they believe it needs to be kept in place.

Before dissolving a final restraining order, a judge will determine, among other things:

  • 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.

If you are the defendant in an application for a final restraining order, or if you are trying to dissolve an existing final restraining order, contact New Jersey Criminal Defense Lawyer James S. Friedman to learn more about the process, and discuss your options. E-mail the firm, or call us toll free at 800-361-6554.

Client Reviews
"I hired Mr. Friedman to represent my son in a criminal matter that could have landed him in jail. Nobody in our family had ever been involved with the criminal justice system before, so this was all very new to us. He was very patient, answered all of our questions, and made sure we understood everything each step of the way. By the time the case was over, my son had a reduced charge for which he only had to pay some fines."
★★★★★
"Mr. Friedman represented me when I was one of several students caught with drugs in a college dorm room. I was set to graduate at the end of the semester, and thought this case would ruin my life. He got my charges dismissed, and the record expunged. This lawyer was a total lifesaver!" Anonymous
★★★★★
"Our daughter has mental health issues. She got into a scuffle with the police and was charged with assaulting an officer. Our attorney, Jim Friedman, was able to show the prosecutor and Judge that the real problem here was her mental stability. She was placed on probation and avoided jail time. Most other lawyers we spoke to refused to take this case, but Jim Friedman took it and got us a great result. Thank you Mr. Friedman!" Anonymous
★★★★★
"I had federal criminal charges and felt totally lost. I was one of who knows how many defendants in this case, and I read on the Internet that almost everyone in federal court end up with a prison sentence, so I was really scared. My first lawyer, who told me that I would probably spend at least some time in prison, barely gave me the time of day after I paid him. Then I hired Jim Friedman to represent me. He stayed with me throughout the entire process. He was always available to answer my questions, and never let me lose hope. He negotiated aggressively with the federal prosecutor and I ended up with a short term of probation. I knew I would get convicted of something, but this lawyer kept me out of jail." Anonymous
★★★★★
"The only part of my trial that was better than watching Mr. Friedman question the witnesses was when the jury came out and said “not guilty” over and over again. You have to see this lawyer in court!" Anonymous
★★★★★
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