APPEAL PERMANENT RESTRAINING ORDER NEW JERSEY LAWYERS
Restraining Order Falsely Issued Against Me – We Can Help
Need to appeal a permanent restraining order in NJ? You’ve come to the right place.
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.
If you or a loved one needs assistance with a restraining order in NJ, the Tormey Law Firm LLC can help. Our attorneys have literally handled hundreds of restraining order cases in almost every county in the State of NJ including in Lodi, Lyndhurst, Teaneck, and East Rutherford. Our lawyers know the process, the judges, and the system and will ensure everything is done to protect your rights. A final (or permanent) restraining order can have a lasting impact on your life and future including employment, travel restrictions, ability to own weapons, etc. Contact our offices anytime for immediate assistance at (908)-336-5008. The initial consultation is always provided free of charge.
“Travis successfully defended me in an unprecedented Final Restraining Order Trial with ease”
“Upon consultation I hired Travis Tormey to defend me in a very emotional and scary time of need where I was facing a potentially devasting FRO. Travis was knowledgeable, comforting, and most importantly confident. THIS GUY KNOWS THE LAW! Watch his YouTube clips, read his reviews, and simply call him to discuss your case. I did and was so impressed with his amazing win in court. Don’t go into court without this guy in your corner. Consulted, hired, and successfully had my day in court. Thanks for everything, I hope I never need a defense attorney again, but if I do, Travis Tormey is the only lawyer I would use. All 5 stars !” – Aaron
How to Appeal a Final Restraining Order in NJ
If a Judge issued a Final Restraining Order (FRO) against you, you have 45 days to appeal. You must file an appeal alleging that there were errors made during the trial with regards to facts, evidence, the law, etc. in order to have a basis for your appeal.
Some of the potential grounds for appeal are as follows:
- 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 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 did not rule properly on objections: The judge considered evidence that should have not been considered and was objected to in court at 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.
These are just some examples of the potential grounds to appeal the issuance of a permanent (final) restraining order in NJ.
Where will my restraining order appeal be heard?
Your case will be heard by the Appellate Division in Trenton. All Superior Court Judges who preside over restraining order trials in Family Court are subject to appeal and the Appellate Court which handles these appeals is in Trenton. It is usually an appellate panel of three (3) judges who hears these appeals and renders a decision.
Do I need to order the transcripts in order to appeal?
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. According to court rules, you must order the transcript and attach them to your appeal. This is so the appellate judges can review exactly what happened at the trial to determine if any mistakes were made and there are any grounds to overturn the final restraining order that was issued against you.
If I lose the appeal, is the Restraining Order permanently on my record?
Yes, until you file a motion to have it removed. Even if you appeal the case and that is denied, you still may be eligible to have the restraining order removed down the line. You can hire an attorney to file a Carfagno motion (under the case Carfagno v. Carfagno) which argues to the court that there has been a significant change in circumstances and the restraining order is no longer necessary. This motion is usually filed after a number of years and when the parties have clearly moved on with their lives.
I Need to Appeal Permanent Restraining Order in NJ? The Tormey Law Firm LLC can help
If a final (permanent) restraining order was issued against you in court, the case is not over. It is important to explore your appellate rights with an experienced restraining order defense lawyer. Contact our offices anytime for a free initial consultation at (908)-336-5008.