Restraining Orders

If you want to change (modify) your restraining order, go back to the court where you were granted the order and file a modification petition with the clerk.¹

If you are granted a final restraining order, it does not have an expiration date and can last forever. This means it will only end if you or the abuser files in court to dismiss the order. If you file to dismiss the order, the judge would hold a hearing where you are both present and the judge may question you to make sure that you are not being coerced or threatened into requesting the dismissal. If the abuser files to dismiss the order, which is often referred to as a “Carfagno motion”, the judge typically will consider the following factors to determine if there is “good cause” to dismiss (vacate) the restraining order:

1. whether or not you consent to vacate the order;
2. whether or not you are still in fear of the abuser;
3. the current nature of the relationship between you and the abuser;
4. the number of times that the abuser has been convicted of contempt for violating the order;
5. whether or not the abuser has a continuing involvement with drug or alcohol use;
6. whether or not the abuser has been involved in other violent acts with other people;
7. if the abuser has attended counseling;
8. the age and health of the abuser;
9. whether or not you are “acting in good faith” if you oppose the abuser’s request to vacate the order;
10. whether or not another court has entered a restraining order protecting you from the abuser; and
11. any other factor that the judge believes is relevant.²

¹ N.J. Stat. § 2C:25-29(d)
² Carfagno v. Carfagno, 288 N.J. Super. 424, 434 (Ch. Div. 1995)