Final Restraining Orders (FRO’s) are permanent in the State of New Jersey, which means that they do not have an expiration date. Without going to court to request a change in the FRO, it will continue to be valid indefinitely. In order to remove, modify, or dissolve a FRO the victim (the person who is being protected by the FRO) or the defendant (the person the FRO is entered against) must go before the court and request that such a change be made.
Once a motion is made to dissolve a FRO, a judge will review the court documents that led to the issuance of the FRO in the first place, and then it will inquire about the current state of the parties relationship to determine whether or not to dissolve the FRO.
The Carfagno Factors
The judge will look to several factors to determine whether there is a good reason to dissolve the FRO. The 11 factors contemplated are taken from the 1995 New Jersey case Carfagno v. Carfagno. Continue Reading →