Appeal a Restraining Order Morris County NJ

Restraining Order Lawyers in Morristown, New Jersey

Local Restraining Order Lawyers Morris County NJ

If you recently had a final restraining order (FRO) trial in Morris County NJ and the judge entered a permanent restraining order against you, you have the right to appeal that decision within 45 days of the trial. You must have a legal basis for the appeal such as a mistake of fact, mistake of law, evidentiary issue, etc. If you don’t have grounds for appeal, you can also wait and file a motion to have the FRO vacated in a few years. If you or a loved one needs assistance with a restraining order case in New Jersey, we can help. Our Morris County NJ restraining order lawyers represent clients in Dover, Denville, Mount Olive, Budd Lake, and Parsippany-Troy Hills. With our offices conveniently located in Morristown, we represent clients on restraining order cases in Morris County on an almost daily basis.

Here is a case in Morris County where our attorneys had the restraining order dismissed for our client.

For immediate assistance with your restraining order issue, contact our offices now for a free initial consultation at 908-336-5008.

Here is a review from one of our many satisfied domestic violence, restraining order clients:

5.0 stars, Posted by anonymous

“From the moment I entered Mr. Tormey’s office, I experienced an air of calm and confidence. His demeanor exuded his command of his profession as well as a knowledge of the human element in dealing with the intricacies of the law. After our initial meeting, I was satisfied that he had reviewed my case, that I knew what was expected from me, including fees, and a sense that the outcome would be positive. He maintained contact with me, kept me informed, and returned all phone calls in a timely manner. I am totally satisfied with his representation and have no reservations in recommending Mr. Tormey and his firm.”

I need to Appeal a Restraining Order in Morris County NJ

The first and most important thing to do when facing a permanent restraining order is to hire an experienced attorney to fight the case in court so that a final restraining order (FRO) is not issued against you. However, if a final (permanent) restraining order has been issued against you in court after a hearing, the case is not over. You have 45 days to appeal the Judge’s decision. There must be grounds for your appeal, meaning there has to be some argument to be made that a mistake caused the judge to issue the wrong decision.

I was the Plaintiff and my TRO was dismissed, can I appeal?

Yes. If you were the Plaintiff and the Judge, after a hearing, heard all of the facts and evidence and dismissed your restraining order, you have the right to appeal.

I was the Defendant and the FRO was entered against me, can I appeal?

Yes. If a final restraining order (FRO) was issued against you in court after a trial, you have the right to challenge that decision in the higher court.

In order to Appeal, the case must be final

For you to be able to appeal, the case must be final. This means that, the Court held a hearing and all of the testimony was taken and all of the evidence was considered and then the Judge issued a decision either dismissing the temporary restraining order or issuing a final restraining order (FRO) against the defendant. If that happened, you can potentially appeal. If your case is in the middle of the trial or if the trial has not started yet, then you can not appeal. You have to wait until the case is finalized and then decide whether or not it is in your best interests to file an appeal.

File a Notice of Appeal with the Appellate Court

To appeal the Morris County Family Court Judge’s decision either dismissing a TRO that you thought should have been granted or entering an FRO that you thought should have been dismissed, you must file a notice of appeal with the Appellate Division located in Trenton. This notice of appeal should include the parties information, the docket number, the dates that the trial was held, and the grounds for your appeal: what you are objecting to and you think was done in error that the higher court should consider. You must also order the transcript of the hearing so that the new Judges can review the record below along with your legal arguments (brief) and then make their ruling.

What are potential grounds for my appeal?

There are a wide number of issues that can be raised on appeal including but not limited to the following:

• The Judge refused to postpone the case so I could hire an attorney
• There was a lack of evidence for the Judge to find and issue a final restraining order
  • For example, in order to issue a final restraining order (FRO), the Judge must find that there was a predicate act of domestic violence, a prior history of domestic violence (in most cases), and that the Plaintiff is reasonably in fear for their safety and needs the protection that a restraining order provides. All of these elements must be proven by a “preponderance of evidence” which is a more likely than not (51%) standard of proof. One argument that can be made is that the Plaintiff failed to meet the burden of proof and the Court erred in finding that they did and issuing an FRO.
• The Judge improperly allowed evidence in or excluded evidence that should have been considered
  • The Court must determine what evidence is relevant and should be considered and allowed in the trial and what evidence is not relevant or can not be authenticated and therefore is excluded from the FRO hearing. Also some evidence may be barred for evidential reasons such as hearsay. If the Judge ruled improperly on these evidence objections then that can be grounds for the case to be thrown out.

How long does an appeal usually take?

An appeal usually takes several months and sometimes even more than a year for the Appellate Judges to review the appeal and render their opinion.

If I win my appeal what happens?

If you win your appeal, the restraining order can be completely dismissed and removed. In other cases, the Appellate Court may remand the case back to the trial court for the Judge to render findings or for a new trial.

Morris County Appeal a Restraining Order Attorneys – Help

These are just some examples of the potential grounds to appeal the issuance of a permanent (final) restraining order in NJ. It is imperative that you order the trial transcripts and an experienced attorney reviews them with you to determine what your grounds for appeal may be. Our Morris County NJ restraining order attorneys are available now to assist you at 908-336-5008 and this initial consultation is always provided at absolutely no cost to you.