Is a Restraining Order Permanent in NJ? How to Modify, Vacate, or Dismiss One

If you’ve had a restraining order entered against you in New Jersey, you may feel like your options are limited. It can affect where you live, your job, your relationships, and even your reputation. Many clients ask us at Aydelotte Law, LLC: “Is this permanent, or do I have options?”

The short answer: In New Jersey, Final Restraining Orders (FROs) do not automatically expire. They are considered permanent unless a judge decides to modify or dismiss them. However, under certain conditions, you can ask the court to change or remove the order. This article explains what that means, what courts look for, and how you can take action.

Understanding Restraining Orders in New Jersey

New Jersey’s Prevention of Domestic Violence Act (PDVA, N.J.S.A. 2C:25-18 et seq.) sets the framework for restraining orders:

• A Temporary Restraining Order (TRO) may be issued quickly after someone files a complaint.
• After a hearing, if a judge finds sufficient evidence, the TRO may become a Final Restraining Order (FRO). FROs are civil orders under N.J.S.A. 2C:25-29(d) and remain in effect indefinitely, unless modified or dismissed by the court.
• To obtain an FRO, the plaintiff must allege a predicate act of domestic violence as defined by statute. These include acts such as assault, harassment, stalking, criminal coercion, cyber-harassment, and false imprisonment, among others.

Can an FRO Be Modified, Vacated, or Dismissed in New Jersey?

Yes, but only under specific legal circumstances. Typically, you must file a motion with the Family Division of the Superior Court to request a change or dismissal.

If the judge who originally entered the FRO is no longer serving in the Family Division, you will need to provide the transcript of the original hearing for the court to evaluate the basis for the order.

Your motion must demonstrate a substantial change in circumstances since the order was issued. Examples include:

• No contact with the protected person for a long period
• The protected person having asked to lift the order and no longer fearing harm
• Completion of counseling or treatment programs
• Major life changes such as relocation, remarriage, or changes in household circumstances

What the Court Looks For

Judges reviewing a motion to modify or dismiss an FRO rely on the law (N.J.S.A. 2C:25-29(d)) and court precedent. In Carfagno v. Carfagno, 288 N.J. Super. 424 (App. Div. 1995), the court set out factors to determine whether “good cause” exists.

Good cause means there must be a meaningful change in circumstances, not just the passage of time. Courts often consider:

• Whether the protected person still fears you or consents to dismissal
• Whether you have violated the FRO
• Whether there is ongoing contact, shared children, or dependency
• Whether you completed rehabilitation programs such as counseling, anger management, or substance abuse treatment
• Whether there is a history of prior violence, abuse, or restraining orders elsewhere
• The length of time since the order without additional incidents

Common Misconceptions

1.  “A restraining order can never be lifted.”

Reality: While challenging, it is possible to ask a judge to modify or dismiss an FRO if you can show good cause.

2. “If the other person agrees, the order automatically ends.”

Reality: Even with agreement, a judge must determine whether lifting the order is safe and appropriate.

3. “I can handle this on my own without a lawyer.”

Reality: You may represent yourself, but these proceedings involve technical legal requirements. An experienced attorney can greatly improve your chances.

4. “An FRO will eventually expire on its own.”

Reality: In New Jersey, FROs do not expire automatically. They remain in place unless a judge dismisses or modifies them.

How to Take Action

If you are subject to an FRO and believe your circumstances have changed, consider these steps:

• Review your case records. Collect all documents related to the FRO and evidence of compliance.
• Gather supporting evidence. This may include counseling records, witness statements, or proof of changed circumstances.
• Check for transcript requirements. If the original judge is no longer assigned to the Family Division, you may need the hearing transcript.
• Consult with an attorney. A lawyer familiar with South Jersey restraining order cases can evaluate your options.
• File your motion. This includes completing the required motion packet, attaching evidence, and filing in the county where the order was issued.
• Prepare for your hearing. Be ready to testify, present evidence, and possibly call witnesses.

Why This Matters

A Final Restraining Order in New Jersey can carry serious long-term consequences. It may limit employment opportunities, affect housing, restrict firearms rights, and appear in background checks, depending on the specifics of your case and court findings. Even if dismissed, some findings may remain on record and affect future legal or licensing matters.

You deserve to have your rights evaluated fairly and to understand all of your options under the law.

How Aydelotte Law, LLC Can Help

At Aydelotte Law, LLC, we know how stressful and overwhelming restraining orders can be. From our offices serving Camden County, South Jersey, and surrounding areas, we represent clients in domestic violence defense, restraining order modification, and related family law matters.

We can help you:

• Determine whether your circumstances meet the legal standards for modification or dismissal
• Collect and organize the right evidence
• Prepare and present your motion with attention to detail

If you are facing a Final Restraining Order in New Jersey, don’t wait. Contact Aydelotte Law, LLC today to schedule a confidential consultation.

Disclaimer: The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.