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Unfortunately the answer is No – because unlike criminal charges, a Final Restraining Order cannot be wiped from your record with an Expungement – instead if left untouched it will ordinarily remain with you for the rest of your life. File A Motion To Vacate – Lastly, what happens if the first 3 options don’t work? You have the ability to file a motion to vacate the old restraining order based on a “substantial change of circumstances” and showing that the restraining order is no longer necessary.If the Appellate Division agrees then the restraining order can be overturned. Appeal the FRO – If you lose at the restraining order hearing and final restraining order is placed against you, you have the right to appeal the Superior Court Judge’s ruling to the Appellate Division if you believe the judge erred in his or her determination and findings based on the evidence presented.Win The FRO Hearing – Secondly, the restraining order can be dismissed is if you are able to convince a judge at the final hearing that the allegations are false and there was no domestic violence or that the restraining order would not be necessary for the plaintiff’s protection.However, we rarely come across these situations especially since the clients that often hire us to help them are not this fortunate and have come to us because they no longer want to be labeled a “domestic abuser”. Plaintiff Drops The Restraining Order – The easiest way is if the alleged victim just decides to drop his or her restraining order against you because they are no longer in fear of their safety.Once a restraining order has been filed against you there are only a few ways it can be dropped. CAN A PERMANENT RESTRAINING ORDER BE LIFTED?
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For instance, was the restraining just recently filed and in a temporary status right now while you await a final hearing? Did you just recently lose the restraining order hearing and have final restraining order placed against you? Or do you have an old final restraining order that was placed against you years ago? This article addresses the answers to those questions and gives you a step by step breakdown as to how we can challenge and help clients dismiss restraining orders no matter where you stand in the above timeline. Your options on a dismissal often directly depend on where you are in the restraining order process. Our Jersey City restraining order lawyers have prospective clients contact us all the time who have had a restraining order filed against them and are now interested in getting it dismissed and taken off their records. How to Dismiss a Restraining Order in New Jersey HOW TO DISMISS A RESTRAINING ORDER IN HUDSON COUNTY