A final restraining order in New Jersey does not expire and remains visible in background checks indefinitely. Additionally, restraining orders are not criminal offenses. Therefore, a New Jersey restraining order typically cannot be expunged, as expungement only applies to criminal records. However, you might still find relief similar to expungement. Moreover, if you were arrested and found guilty of breaking a restraining order, you may be eligible for future criminal record expungement. To understand more about New Jersey Expunge Order of Protection, seek guidance from an experienced attorney at the Law Offices of SRIS, P.C. Our legal counsel is here to assist with “How to dismiss order of protection New Jersey.
The case will be dismissed if you successfully challenge the plaintiff’s request for a final restraining order, and the order you face is limited to a temporary restraining order. Steps can be taken to remove any records about the temporary restraining order from court and law enforcement records upon dismissal. This prevents records about the temporary order from appearing in a background check. To know more about New Jersey Expunge Order of Protection, contact us today.
In the event that a final Expunge Order of Protection is issued against you, you can immediately file an appeal to have the order overturned and the case dismissed. A defendant will also be eligible for this order if the final restraining order is overturned on appeal. If your attorney can demonstrate to the court that your circumstances have changed, you may still be eligible to have the final order vacated, even if it has been in place for years.
For a better understanding, a defendant may obtain an Expunge Order of Protection if certain conditions are met. To ascertain more about your eligibility, be guided by an experienced attorney. So, don’t give up fighting an unfair restraining order affecting your life and reputation. Talk to our attorney right now! Book your initial consultation with us and discuss the New Jersey Expunge Order of Protection with our experienced lawyers.
New Jersey Expunge Order of Protection - Uses Restoring Privacy:
New Jersey expunge order of protection can help individuals regain their privacy by sealing records related to an order of protection, making it less accessible to the public, including potential employers or landlords.
Improving Employment Prospects:
With an expunged order of protection, individuals may have better job opportunities, as some employers run background checks and won’t hire someone who has a history of these orders.
Enhancing Housing Opportunities:
Expungement can make it easier to secure housing, as landlords often consider an applicant’s criminal record, including orders of protection when making rental decisions.
Rebuilding Reputation:
Expungement can help individuals rebuild their reputation, especially if the order of protection was issued unfairly or has negatively affected their social standing.
Restoring Rights:
Some legal rights, such as the right to own firearms, may be restricted for individuals with certain orders of protection on their records. Expungement can help restore these rights.
New Jersey Expunge Order of Protection: Future Legal Actions:
An expungement can also be valuable if someone wishes to take legal action against the person who obtained the protection order, as the expunged record may no longer be admissible in court.
Can Restraining Orders Be Expunged?
Due to their non-criminal nature, final restraining orders cannot be erased. An expungement will not assist you because a restraining order is not a crime. The final restraining order will remain in court records and the police database. You have other legal options to contest and overturn a final restraining order, but you only have a limited time to use them.
You can appeal the court’s decision to issue a final restraining order. If appeals are not filed within 45 days, the restraining order will remain in force until new information is discovered that could allow it to be lifted. If you are outside the window for an appeal, the petitioner’s voluntary dismissal or a motion to vacate the restraining order for changed circumstances that the judge can consider are your main options for getting rid of it.
You can seek a New Jersey Expunge Order of Protection to have any records regarding the temporary restraining order removed from court and law enforcement records upon dismissal. A benefit for a defendant is that a background check will not reveal the records associated with the temporary order.
If the court has already issued a final restraining order and you want to get rid of it, you can either appeal or move to vacate the order. Again, it is essential to consult an experienced attorney if you have questions regarding restraining orders or Expunge Order of Protection. Contact the Law Offices of SRIS, P.C. Our experienced attorneys are here to provide legal assistance for Order of Protection New Jersey throughout the case, and we defend clients charged with protective orders. Contact us today!
FAQs related to New Jersey Expunge Order of Protection
Do you need a lawyer for an expungement in New Jersey?
You must pay a fee to file the petition for expungement. The cost could be higher if you hire a criminal defense lawyer because you’ll have to pay your attorney and other legal fees. However, the court system can be confusing, so the New Jersey Judiciary recommends getting an attorney. To get the New Jersey Expunge Order of Protection, reach us now.
Can you expunge a restraining order in New Jersey?
Restraining orders are also civil rather than criminal. Because expungement applies to criminal records, not civil records, you cannot generally get the Expunge Order of Protection.