Q: Can I get a 23 year old domestic off my record from Camden county New Jersey?

A: What it appears that you are talking about is removing a Final Domestic Violence Restraining Order. That can be done by what is known is a Carfango Motion. A Carfagno motion is required to do this. The requirements are listed below. Final Restraining Orders can be lifted one of two ways – either upon the victim’s request to the court or upon Motion by the Defendant. If a Defendant wishes to have a Final Restraining Order that has been filed against them lifted, they must file a formal Motion with the Superior Court, Family Division. A judge will conduct a careful analysis and weigh several factors in deciding whether to vacate a Final Restraining Order or leave it in place. The case of Carfagno v. Carfagno, 288 N.J.Super. 424 (1995) sets forth those factors that a judge will consider in making this determination. Those factors are:

Whether the victim consents to lifting the Restraining Order.

Whether the victim fears the Defendant.

The nature of the relationship between the parties today.

The number of times the Defendant has been convicted of contempt for violating the Order.

Whether the Defendant has a continuing involvement with drug or alcohol abuse.

Whether the Defendant has been involved in other violent acts with other persons.

Whether the Defendant has engaged in counseling.

The age and health of the Defendant.

Whether the victim is acting in good faith when opposing Defendant’s request.

Whether another jurisdiction has entered a Restraining Order protecting the victim from the Defendant.

Other factors deemed relevant by the Court.

As the judge weighs these factors, it is possible to have a Final Restraining Order lifted even if a victim objects. These types of applications regularly result in hearings, during which both parties will testify and be subject to cross-examination. This is not an inexpensive process. You should expect to to pay for an hour of attorney time to examine the entire history of this matter and discuss your best way to proceed with the attorney and learn about the entire process. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price. With modern technology, you can be represented by any high-quality attorney in New Jersey/NY metro area irrespective of geography.