New Jersey Order Granting Protective Order
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How to fill out Order Granting Protective Order?
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FAQ
You have 45 days to appeal the judge's decision. There must be grounds for your appeal, meaning there has to be some argument to be made that a mistake caused the judge to issue the wrong decision. If you or a loved one needs assistance with a restraining order in NJ, the Tormey Law Firm LLC can help.
Whatever the reason, the victim has the right to request the motion to be vacated. The second way the final restraining order may be lifted is through the request of the defendant. If a defendant wants the final restraining order lifted, he or she must file a motion with the Superior Court, Family Division.
Dismissing a Restraining Order. The victim can ask the judge to dismiss the restraining order at any time. The judge will make the final decision as to if the restraining order will be dismissed.
Final restraining orders in New Jersey do not expire and show up in a background search indefinitely. Restraining orders are also civil rather than criminal in nature.
While a restraining order is active, no criminal record will generate unless there is an alleged violation of some kind. But the final restraining order in the database will appear on a background check.
There are two kinds - a temporary restraining order and a final restraining order. Getting a temporary restraining order in NJ is easier to obtain than a final one, as it has a more flexible evidentiary basis, and the judge must simply have a sufficient basis to believe that domestic violence happened.
