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Union County Final Restraining Order Attorneys

The Tormey Law Firm Restraining Order Guide Part 7 – What happens if a final restraining order (FRO) is issued against me?

A final restraining order was filed against me

Final Restraining order issued against me

If the court entered a final restraining order against you, there are a couple of options available if you disagree with the court’s decision: you can file an immediate appeal or eventually file a motion to vacate the restraining order. An appeal is an application to the New Jersey Superior Court’s Appellate Division to review whether or not the trial court’s decision was correct factually, legally, or both. A motion to vacate is an application to the trial court that, more or less, asserts that the final restraining order is no longer necessary and should be removed. In either circumstance, the New Jersey Court Rules set forth how to file an appeal or a motion to vacate and if you are a defendant on a final restraining order and you want to file an appeal or a motion to vacate, the restraining order attorneys at the Tormey Law Firm are ready to help.

An appeal of a final restraining order will be reviewed and decided by a panel of three appellate judges who sit in the Appellate Division of the New Jersey Superior Court. An appeal is essentially a request for the higher court to review the trial court’s factual determinations and legal decisions. But, it is the appellant’s responsibility to compile all of the evidence submitted at trial, point out the alleged errors, and make specific arguments as to why the trial court got it wrong. In general, there are two types of arguments: that the trial court made incorrect factual findings or that that the trial court did not correctly apply the law to the facts. Additionally, if you want to appeal a final restraining order, time is of the essence because you must request transcripts of the final restraining order trial and file a Notice of Appeal with the Appellate Division within 45 days of the trial court’s decision.

A motion to vacate, on the other hand, is an application to the trial court asking for the final restraining order to be removed because it is no longer necessary. Unlike an appeal, a motion to vacate can be filed at any time after the trial court enters the final restraining order, whether it’s two, five, ten or any number of years later. When deciding a motion to vacate a final restraining order, the court will utilize the analytical framework set forth in Carfagno v. Carfagno, 288 N.J. Super. 424 (Ch. Div. 1995). Those factors are: (1) whether the victim consented to lift the restraining order; (2) whether the victim fears the defendant; (3) the nature of the relationship between the parties today; (4) the number of times that the defendant has been convicted of contempt for violating the order; (5) whether the defendant has a continuing involvement with drug or alcohol use; (6) whether the defendant has been involved in other violent acts with other persons; (7) whether the defendant has engaged in counseling; (8) the age and health of the defendant; (9) whether the victim is acting in good faith when opposing the defendant’s request; (10) whether another jurisdiction has entered a restraining order protecting the victim from the defendant; and (11) other factors deemed relevant by the court.

Final Restraining Order (FRO) Appeal Attorneys in Elizabeth, New Jersey

In either circumstance, whether you want to appeal a final restraining order or file a motion to vacate a final restraining order, the New Jersey Court Rules set forth specific requirements regarding how to file, where to file and what information must be included with the paperwork. Thus, if you want to appeal a restraining order or file a motion to vacate, contact the experienced restraining order attorneys at the Tormey Law Firm to learn more about the process. Free consultations provided at (908)-336-5008.

Visit Our Offices

With offices in Hackensack, Morristown, Newark, Middletown, and New Brunswick, our lawyers can represent you anywhere in New Jersey and are available immediately to assist you at (908)-336-5008

Hackensack / Bergen County

254 State Street
Hackensack, NJ 07601

  • 201-556-1570
  • 201-556-1572
Hackensack Office

Morristown / Morris County

60 Washington St Suite 200A,
Morristown, NJ 07960

  • 908-336-5008
  • 201-556-1572
Morristown Office

Newark / Essex County

1 Gateway Center Suite 2600
Newark, NJ 07102

  • 201-654-3464
  • 201-556-1572
Newark Office

for a free initial consultation Contact the Tormey Law Firm

Travis J. Tormey is a distinguished member of the legal community and a respected legal resource on domestic violence. He has been featured in a variety of prominent publications and media outlets, including CBS radio, Aol News, the Asbury Park Press, NJ.com, and the Daily Record. Mr. Tormey has also been recognized as one of the the top criminal attorneys under 40 years of age by the National Trial Lawyers Association and the National Academy of Criminal Defense Attorneys. Whether representing victims or the wrongly accused, Travis remains passionately committed to protecting the rights of the innocent.

Areas we serve

The Tormey Law Firm LLC handles restraining order cases in Bergen County (Hackensack), Morris County (Morristown), Passaic County (Paterson), Union County (Elizabeth), Hudson County (Jersey City), Middlesex County (New Brunswick), Somerset County (Somerville), Sussex County (Newton), Essex County (Newark), Hunterdon County (Flemington), Mercer County (Trenton), Monmouth County (Freehold), Warren County (Belvidere), Ocean County (Toms River), Burlington County (Mount Holly), and throughout NJ.

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