Vacating a Final Restraining Order
A Final Restraining Order (FRO) remains in effect for as a long as the victim requires it. They are not issued with an expiration date. The only way that an FRO can be vacated is the defendant demonstrates that they are no longer a threat to the victim. The burden is on the defendant to prove that there is good cause appearing that the FRO is no longer necessary.
The transcript of the final hearing must be provided with the application to vacate the FRO. The Appellate Division has held that “[w]ith protection of the victim the primary objective, the court must carefully scrutinize the record and carefully consider the totality of the circumstances before removing the protective shield.”
Ultimately, the decision to vacate an FRO is discretionary and not mandatory. Therefore, it is important that the application to vacate is done correctly to give you the best chance at vacating the restraining order. Please contact me at (732) 812-3102 if you have a Final Restraining Order that you wish to vacate.