Appeal a Restraining Order Morris County NJ
Restraining Order Lawyers in Morristown, New Jersey
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.
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. Some of the potential grounds for appeal are as follows:
- The judge got the law wrong: The judge found harassment but misinterpreted the harassment statute and issued a finding that is inconsistent with domestic violence law in NJ. This could obviously apply to any of the predicate acts of domestic violence including harassment, stalking, simple assault, etc.
- The judge got the facts wrong: The judge made mistakes in their findings and in their decision that were not what the parties testified to during the trial.
- The judge’s finding was not complete: The judge’s opinion and finding did not detail the grounds for the restraining order including the predicate act, prior history of domestic violence, and that the restraining order was necessary to protect the safety and well being of the plaintiff.
- The judge did not rule properly on objections: The judge considered evidence that should have not been considered and was objected to in court at 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.