When does a Final Restraining Order expire in the State of New Jersey? The answer is simple: It NEVER expires. A Final Restraining Order entered in the State of New Jersey is permanent. Under limited circumstances a party can seek that a Final Restraining Order be dissolved. Pursuant to Carfagno v. Carfagno, 288 N.J. Super 424 (1995), the Court will consider the following factors in determining if a Final Restraining Order should be dissolved:
(1) whether the victim consented to lift the restraining order;
(2) whether the victim fears the defendant;
(3) the nature of the relationship between the parties today;
(4) the number of times that the defendant has been convicted of contempt for violating the order;
(5) whether the defendant has a continuing involvement with drug or alcohol abuse;
(6) whether the defendant has been involved in other violent acts with other persons;
(7) whether the defendant has engaged in counseling;
(8) the age and health of the defendant;
(9) whether the victim is acting in good faith when opposing the defendant’s request;
(10) whether another jurisdiction has entered a restraining order protecting the victim from the defendant; and
(11) other factors deemed relevant by the court.
Id. at 435.
Upon a motion from a party, the Court can hold a hearing to determine if the Final Restraining Order should be dissolved. The victim would be afforded the opportunity to testify and inform the Court of whether or not he/she objects to the dissolution. Without a motion being made to the Court to dissolve a Final Restraining Order, the Order will remain active indefinitely.
Posted by: Keri L. Greene