Q: I currently have a dv restraining order against me by default from 2015. Missed court. Can this be vacated?
I currently work with the public.. Can my job let me go because of this?
A: It would require a Catafagio motion. Almost impossible to get without the consent of the protected party. I would recommend you obtain counsel and have them obtain consent and file the motion.
A: A domestic violence final restraining order was entered against you 5 years ago by default since you failed to appear at the hearing and you want to know if you can now move before the court to set it aside and have a trial on the merits of the claims. The answer is that it is possible, but it will be an expensive process and you will still need to prove that you have a proper defense to the allegations against you - none of which is easy to prove and it will be an expensive process as well. Candidly, it may make better sense for you to consider meeting with a family law specialist experienced in domestic violence matters to discuss the requirements for an expungement. Presuming your ex will not be opposed to your application and presuming that there has been no incidents between you and her, it may be a better alternative to explore.
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