“After receiving a Restraining Order by an ex girlfriend accusing me of harassment which was false, I contacted the law firm. They were very professional and help to keep me calm and relaxed. Travis and Chris helped me to get all the information I needed. I was also in the process of obtaining a high level position when this happened and was concerned about it affecting me getting the new job. Chris helped to get the case dismissed as quickly as possible and did an excellent job of keeping me informed. They are a great law firm and would recommend them to anyone.”

I want to appeal a restraining order in New Jersey

In order to appeal a final restraining order ruling in New Jersey, this means that the trial or hearing has already occurred. The Plaintiff and Defendant appeared in the Family Division of the Superior Court for a trial and the parties testified, evidence was entered, arguments were made, and then the Judge issued a final ruling. This ruling can be appealed within 45 days of the issuance of the Judge’s Order. The Order either dismissed the temporary restraining order (TRO) or made the TRO a final restraining order (FRO) which is permanent in New Jersey and never expires.

There are several reasons you may want to appeal the judge’s decision in a restraining order case. First, the judge dismissed the restraining order and you are the plaintiff and you believe the restraining order should have been issued. The second option is if you are the defendant and the judge issued the final restraining order (FRO) against you and you believe the court made a mistake in doing so. In either scenario, the NJ restraining order lawyers at the Tormey Law Firm LLC can help.

What are potential grounds to file an appeal?

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 Plaintiff failed to meet their burden of proof: The Plaintiff must prove by a preponderance of the evidence (more likely than not) that there was a predicate act of domestic violence, a prior history of domestic violence, and that he or she is in fear for their safety and a reasonable person in their positions would be in fear. If the Plaintiff failed to show any of these elements, the case should have been dismissed.
• The Judge considered evidence that was not relevant or was not properly authenticated or evidence that should have been excluded as inadmissible (such as hearsay).
• The Judge’s opinion was incomplete: They can’t just say that they find that the Defendant harassed the Plaintiff so they are issuing a final restraining order (FRO).

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.

Note: The appeal does not give you another trial. It merely allows the panel of appellate Judges to review the transcripts of what happened below and the legal arguments and decide if any errors were made and the Judge’s ruling should be overturned.

File a Notice of Appeal

In order to appeal the Court’s ruling, you must file a notice of appeal in Trenton with the Appellate Division. This notice of appeal must list the grounds for the appeal: what are you challenging that you believe was done wrong which caused the Judge to issue an improper decision. You must then order the transcripts of the hearing which was held so that the Appellate Court judges can review what happened below along with your brief (legal arguments) and then determine whether or not the appeal can be granted. This is an extensive process that will usually take several months and can even take years.

What happens after the appeal is decided?

The case is over. If the final restraining order remains in effect, a Defendant can always file a Carfagno motion at some point arguing that there has been a significant change in circumstances such that the restraining order is no longer necessary and it should be lifted. This is usually accomplished years later once the parties move forward with their lives and the Defendant completes counseling and does not violate the restraining order that is in place.

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